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Madras High CourtWP/33262/2019disposed of

Indus Towers Limited v. The Secretary To The Government

2019-12-18Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.33262 of 2019 Indus Towers Limited, Rep. By its Authorized Signatory, Mr.S.Prasanna, No.5, ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097.

..Petitioner Vs.

1.The Secretary to the Government, Information Technology Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Thriuvallur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of The Constitution of India praying to issue writ of mandamus, directing the 2nd respondent to permit the erection and installation of the mobile phone tower of the petitioner at the premises bearing Plot No.100, Sri Elumalai Nagar, Red-Hills, land measuring about 1200 Sq.Ft., and comprised in subdivided S.F.No.151/2A1A1 Part (Previously S.F.Nos.151/1, 151/2 and 151/2A1 Part) in Paadiya Nallur Village, Ponneri Taluk, Thiruvallur District, in accordance with the petitioner's representation dated 30.09.2019.

For Petitioner :

Mr.S.Anil Sandeep For Respondents :

Mr.N.Inbanathan, Additional Government Pleader

O R D E R

On 30.09.2019, the writ petitioner herein had given a representation to the District Collector, Thiruvallur District, with respect to installation of mobile phone towers installation at SF No.151 No:118, Paadiya Nallur Village, Ponneri Taluk, Thiruvallur District. The petitioner claims to be a Telecom

Infrastructure Service provider regulated by the Department of Telecommunication, Ministry of Communications and Information Technology, Government of India. They further claimed to be carrying the business of Operation and Maintenance of Mobile phone towers which provides services. It is stated that the petitioner to facilitate the public to avail the telecom facilities, seeks to erect tower after entering into agreement by names Mr.G.Swamynathan & Mrs.S.Sundrambal residing at 6/27, 1st Shastri nagar, Vyasarpadi, Chennai. The petitioner wanted to install a mobile phone tower and claimed that they would follow all the rules and regulations of the Department of Telecommunication. However, it is stated that there was protest raised by the general public.

2. The learned counsel for the petitioner stated that the Government Orders in which he had obtained permission, generally envisage examining the safety of law and order as a condition precedent to consider mobile phone towers can be installed or not. However, the relevant factors should be considered by a District Collector to decide where a mobile phone tower can be installed in a particular place. However, the voice of the people will have to heard and addressed by the District Collector. This is of much paramount importance.

3. It is stated by the learned counsel for the petitioner that judicial wisdom had never envisaged situation where the petitioner or other Government agencies should ever consider the representations of the general public.

4. I would state very vehemently that judicial wisdom should be to ensure that the representations of the people in the local areas are not neglected. They are also living there and their voices must be heard and answered. The District Collector must give opportunity to the petitioner and also to another persons who raise objections and thereafter consider and pass necessary orders. The petitioner may substantiate his case by placing his submissions and anybody objecting to the same can also raise objections for locating the mobile phone tower. On the basis of the enquiry conducted, the District Collector is directed to pass considered orders with reasons. The enquiry may be conducted over the period of next two months and the District Collector may pass considered orders on or before 29.02.2020.

5. The petitioner may give a fresh representation to the District Collector in this regard, so that the Collector may address the factors involved in erecting the mobile phone tower in the said area and pass orders.

6. With the above observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Secretary to the Government, Information Technology Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Thriuvallur District.

+1cc to Mr.V.Nanda Gopalan, Advocate Sr.No.105519 +1cc to The Government Pleader SR.No.106277 AKM/12.02.2020 /3P-5C/ W.P.No.33262 of 2019