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Madras High CourtWP/28747/2022disposed of

Bharathi Nagar Public Welfare v. The District Collector

2023-06-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Bharathi Nagar Public Welfare Association, rep. by Mahalingam, 5th Street, Bharathi Nagar, Muthapudupet, IAF Avadi, Chennai-55.

.. Petitioner Vs 1.The District Collector, Master Complex Building, Thiruvallur District-602 001.

2.The Tahsildar, Avadi Taluk Office, Avadi, Chennai-600 054.

3.The Commissioner-Avadi City Corporation, Avadi Corporation Office-600 054.

4.The Inspector of Police, Muthapudupet Police Station, IAF Avadi, Chennai-600 055.

5.Dhamodharan .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the first respondent to dispose the petitioner's representation dated 8.8.2022 to conduct inspection and an enquiry on the threats posed in erecting the BTS tower.

For the Petitioner : Mr.D.Sathyanarayanan for M/s.SB and Partners For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondents 1, 2 and 4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.D.Sathyanarayanan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for respondents 1, 2 and 4.

2. The present writ petition is misplaced.

3. According to learned Special Government Pleader, no tower has been erected.

4. As the tower has not been erected by the fifth respondent, no permission has been granted.

5. In the light of that, there was no cause of action for filing the present writ petition. If at all permission is sought and the same is granted, the petitioner has a right under the Indian Telegraph Act, 1885 to raise an objection before the appropriate authority.

6. With the above observation, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.28037 of 2022 is closed.

(S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index :

Yes/No :

Yes/No bbr

To:

1.The District Collector, Master Complex Building, Thiruvallur District-602 001.

2.The Tahsildar, Avadi Taluk Office, Avadi, Chennai-600 054.

3.The Commissioner-Avadi City Corporation, Avadi Corporation Office-600 054.

4.The Inspector of Police, Muthapudupet Police Station, IAF Avadi, Chennai-600 055.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 20.06.2023