P.Narayanasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.33405 of 2024 P.Narayanasamy

...Petitioner

Vs.

1. The District Collector Chengalpattu District.

2. The Commissioner Madurantakam Municipality Chengalpattu District.

3. The Revenue Divisional Officer Madurantakam Chengalpattu District.

4. The Tahsildar Madurantakam Taluk Chengalpattu District.

5. M/s.Bharati Airtel Limited Rep. By its Manager No.101, Oceanic Tower, Santhome High Road, Santhome , Chennai-600 004.

6. Smt.Vijaya ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of Indiafor issuance of a Writ of Mandamus, directing the first respondent herein to 1/5

consider the petitioner representation dated 3.10.2024 seeking not to grant permission to the fifth respondent and its regional offices for erecting mobile phone towers within the vicinity of 100 meters from the petitioner house at No.9/7, Bajanai koil street, Kadaperi, Madurantakam, Chengalpattu District603 306 more particularly not at the residence of the 6th respondent herein. For Petitioner : Mr.G.Magesh Kumar For Respondent 1 to 4 :Mr.V.Ramesh Government Advocate

O R D E R

The petitioner herein seeks a direction to 1st respondent to consider his representation dated 03.10.2024 requesting not to grant permission to 5th respondent to erect new cell phone tower in Bajanai koil street, Kadaperi, Madurantakam, Chengalpattu District-603 306.

2. It is the case of the petitioner that earlier cell phone tower was erected in the house of one Natarajan which was not structurally stable. Now, the 5th respondent is making an attempt to erect new cell phone tower in the very same building. Therefore, the petitioner submitted a representation on 03.10.2024 making his objection regarding structural safety of the building. The said representation has not been considered by the 1st respondent. Therefore, he is before this Court.

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3. Mr.V.Ramesh, learned Government Advocate, who is taking notice for the respondents 1 to 4, submits that the representation of the petitioner will be considered by the 1st respondent in accordance with law within a time stipulated by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, the 1st respondent is directed to consider the representation of the petitioner dated 03.10.2024 and pass final orders on its' own merits within a period of six weeks from the date of receipt of copy of this order after issuing notice necessary to respondents 5 and 6.

5. With the above directions, this writ petition is disposed of. No costs. 18.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No 3/5

nr To

1. The District Collector Chengalpattu District.

2. The Commissioner Madurantakam Municipality Chengalpattu District.

3. The Revenue Divisional Officer Madurantakam Chengalpattu District.

4. The Tahsildar Madurantakam Taluk Chengalpattu District.

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S.SOUNTHAR , J.

nr W.P No.33405 of 2024 18.11.2024 5/5