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Madras High CourtWP/5821/2017dismissed for nonprosecution

Mr.P.Murugesan v. The District Collector,

2025-03-12Honourable Mr Justice J.Sathya Narayana Prasad7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.5821 of 2017 and W.M.P.No.6241 of 2017 P.Murugesan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Coimbatore, Coimbatore District.

2.The Executive Officer, Theethipalayam Panchayat, Theethipalayam, Coimbatore District.

3.The Thasildar, Perur Taluk, Coimbatore District.

4.The Telecom Regulatory Authority of India, 3rd Floor, Telecom Building, No.2, Bharathi Par Road II, Coimbatore - 641 043.

5.The Department of Telecommunications, Represented herein by its Chairman, Sanchar Bhawan, No.2o, Ashoka Road, New Delhi - 110 001.

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6.Tamil Nadu State Pollution Control Board (South), Represented herein by its, District Environmental Engineer, No.42-D, S.N.R.College Road, Peelamedu, Coimbatore - 641 004.

7.K.V.Rangasamy 8.Reliance Jio Infocomm Limited, Represented herein by its Chairman, Maker Chambers IV, 3rd Floor, No.222, Nariman Point, Mumbai - 400 021.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Declaration declaring the erection/mobile Tower by the 8th respondent in the land demised by the 7th respondent at Vinco Nagar, Kalampalayam, Perur Taluk, Coimbatore - 641 010, under the Leave and Licence Agreement dated 16.11.2016 entered into between them as null and void in law, opposed to the law laid down by the Courts of Law and without any sanction by the Local Authorities, namely the respondents 1 to 3.

For Petitioner : No appearance For Respondents 1 & 3 :

Mr.M.Rajendiran, Additional Government Pleader For Respondent 2 :

Mr.R.A.S.Senthilvel For Respondent 4 : Mr.M.Devendran, Standing Counsel For Respondent 8 : Mr.R.Bharanidharan Page No.2 of 7

For Respondents 5 to 7 : No appearance

O R D E R

The petitioner has filed this petition to direct the respondents to declare the erection/mobile Tower by the 8th respondent in the land demised by the 7th respondent at Vinco Nagar, Kalampalayam, Perur Taluk, Coimbatore - 641 010, under the Leave and Licence Agreement dated 16.11.2016 entered into between them as null and void in law, opposed to the law laid down by the Courts of Law and without any sanction by the Local Authorities, namely the respondents 1 to 3.

2. When the matter was taken up for hearing on earlier occasion i.e., on 04.03.2025, there was no representation for the petitioner. Hence, this Court directed the Registry to list the case today under the caption "For orders".

3. Today, when the matter was taken up for hearing at 11.20 A.M., there was no representation for the petitioner. Hence, the matter was passed over and again called at 12.05 A.M., but none represented the petitioner.

4. In view of the above, it is clear and evident that the petitioner is not Page No.3 of 7

interested in prosecuting the case and this Court has no other option except to dismiss this writ petition.

5. Accordingly, this writ petition is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 12.03.2025 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The District Collector, Office of the District Collector, Coimbatore, Coimbatore District.

2.The Executive Officer, Theethipalayam Panchayat, Theethipalayam, Coimbatore District.

3.The Thasildar, Perur Taluk, Coimbatore District.

4.The Telecom Regulatory Authority of India, 3rd Floor, Telecom Building, No.2, Bharathi Par Road II, Page No.4 of 7

Coimbatore - 641 043.

5.The Chairman, The Department of Telecommunications, Sanchar Bhawan, No.2o, Ashoka Road, New Delhi - 110 001.

6.District Environmental Engineer, Tamil Nadu State Pollution Control Board (South) No.42-D, S.N.R.College Road, Peelamedu, Coimbatore - 641 004.

7.The Chairman, Reliance Jio Infocomm Limited, Maker Chambers IV, 3rd Floor, No.222, Nariman Point, Mumbai - 400 021.

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J.SATHYA NARAYANA PRASAD,J.

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