K.Deenan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.23017 of 2020 and 36229 of 2019 K.Deenan ... Petitioner Vs.

1.The District Collector, Chennai District, Chennai.

2.The Commissioner, Greater Corporation of Chennai, Ribbon Building, Chennai.

3.The Zonal Officer, Zone - 3, Greater Chennai Corporation, Madavaram, Chennai - 60.

4.Gopalan ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to not to permit the fourth respondent to erect the cell phone tower in his 1/4

premises situated at No.6/16, 3rd Street, Madaveli, Chennai, based upon the representation of the petitioner dated 06.12.2019. For Petitioner : Mr.M.Tamil Priyan For Respondents : Mr.Alagu Goutham for R1 Government Advocate M/s.A.C.Mani Bharathi for R2 and R3 M/s.S.Sankaran for R4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 3 to not to permit the fourth respondent to erect the cell phone tower in his premises situated at No.6/16, 3rd Street, Madaveli, Chennai, based upon the representation of the petitioner dated 06.12.2019. 2.The case of the petitioner is that the made representation to the official respondents to not to permit the fourth respondent to erect the cell phone tower in his premises and since the same has not yet been considered, has filed this writ petition. 3.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this 2/4

Court issues direction to the official respondents to consider the petitioner's representation dated 06.12.2019 and to pass appropriate orders within a reasonable time frame.

4.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the official respondents to consider the petitioner's representation dated 06.12.2019, on merits and in accordance with law and to pass appropriate orders, as expeditiously as possible, if the cell phone tower has not yet been erected. 5.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 27.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The District Collector, Chennai District, Chennai.

2.The Commissioner, Greater Corporation of Chennai, Ribbon Building, Chennai.

3.The Zonal Officer, Zone - 3, Greater Chennai Corporation, Madavaram, Chennai - 60.

And W.M.P.Nos.23017 of 2020 and 36229 of 2019 27.03.2023 4/4