M.P.Kuzhandaivel v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH M.P.Kuzhandaivel .. Petitioner Vs.

1.Union of India Rep. by its Secretary Ministry of Communication & Information Technology Electronics Niketan No.6, CGO Complex Lodhi Road, New Delhi 110 003 2.The Principal Secretary to Government Department of Information Technology and Digital Service Secretariat, Fort St. George Chennai 600 009 3.The District Collector District Collectorate 1/6

4.The Joint Director Western Region Tamil Nadu Fire and Rescue Service Department 5.The Superintendent of Police Coimbatore District 6.The Tahsildar Perur Taluk Coimbatore Taluk 7.The President Madhampatty Village Panchayat Madhampatty Perur Taluk Coimbatore 8.The Inspector of Police Perur Police Station Perur, Coimbatore District 9.The Managing Director Aircel Ltd.

th Floor, Spencer Plaza 769, Anna Salai Chennai 600 002 2/6

10.The Manager Chennai Network Infrastructure Limited (CNIL) New No.232, Old No.186 City Centre, 3 rd Floor Purasaiwalkam High Road Kilpauk, Chennai 600 010 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 to remove the installed Cellular Mobile Transmitting Equipment (CMTE) Tower by the respondents 9 and 10 to installation of BTS Shelter, Tower (40M Maximum) Antenna and other Telecom equipment from the petitioner's land in S.No.289/A situated at Madhampatti Village, Perur Taluk, Coimbatore District, based on the petitioner's representation dated 17.05.2024. For Petitioner : Mr.Bala Ramesh for Mr.K.Vasanthanayagan For R1 : Mr.R.Subramanian Central Govt. Standing Counsel For RR2, 3 & 4 : Mr.E.Veda Bagath Singh Special Government Pleader For RR5 & 8 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) For R7 : Mr.Venkata Seshaiya Government Advocate 3/6

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents 2 to 4 to remove the cell phone tower that was installed in the property belonging to the petitioner, which remains idle for a long period of time.

2. In the considered view of this Court, if the cell phone tower has been laid in the property belonging to the petitioner by the concerned service provider and it had not been utilised, it has to be removed by the petitioner, if the period for which permission was granted, has expired. If there is no response from the service provider, the petitioner can approach the competent Civil Court and seek for relief of mandatory injunction. The authorities who have been arrayed in the present writ petition, will have no role to play in a case of this nature. Except giving this clarity, no further orders can be passed in this writ petition. 4/6

With the above observations, this writ petition is disposed of. No costs. 23.06.2025 Index : Yes/No gya To 1.The Secretary Union of India Ministry of Communication & Information Technology Electronics Niketan No.6, CGO Complex Lodhi Road, New Delhi 110 003 2.The Principal Secretary to Government Department of Information Technology and Digital Service Secretariat, Fort St. George Chennai 600 009 3.The District Collector District Collectorate 5/6

N. ANA ND VENKATESH , J.

gya 4.The Joint Director Western Region Tamil Nadu Fire and Rescue Service Department 5.The Superintendent of Police Coimbatore District 6.The Tahsildar Perur Taluk Coimbatore Taluk 7.The President Madhampatty Village Panchayat Madhampatty Perur Taluk Coimbatore 23.06.2025 8.The Inspector of Police Perur Police Station Perur, Coimbatore District 6/6