M.Neeraja v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Neeraja ... Petitioner Vs 1.The State of Tamil Nadu Rep by its Secretary to Government Information and Technology Department, Secretariat, Chennai-600 009.

2.The District Collector, Chennai District.

3.The Commissioner of Police, Periyar EVR Salai, Vepery, Cheennai-6 00 07.

4.The Commissioner Greater Chennai Corporation, Chennai.

5.M/s.GTL Infrastructure Ltd.

City Center, New No.232, Old No.186, rd Floor, Purasaiwalkam High Road, Kilpauk, Chennai-6 00 010.

... Respondents 1/5

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to remove the Abandoned Non Functional Telecom Tower of the 5 th respondent installed in the property of the petitioner measuring an area of 2000 Sq.Ft. Situated at 40/1, Nandambakkam Village, Mount Poonamallee High Road, Alandur Taluk, Chennai District.

For Petitioner : Mr.S.Sathish Rajan For Respondents : Ms.P.Aishwarya, Government Advocate for RR-1 & 2 : Mr.S.Balaji, Government Advocate (Crl.Side) for RR-3 &4

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to remove the Abandoned Non Functional Telecom Tower of the 5 th respondent installed in the petitioner's property.

2. Ms.P.Aishwarya, learned Government Advocate takes notice on behalf of respondents 1 & 2 and Mr.S.Balaji, learned Government Advocate (Crl.Side) takes notice on behalf of respondents 3 & 4. As no adverse order is being passed 2/5

against the 5 th respondent, notice to the 5 th respondent is dispensed with.

3. It is the case of the petitioner that his father viz., M.Manoharan being the absolute owner of the property comprised in Survey No.40/1 measuring to an extent of 5214 Sq.ft situated at Nandambakkam Village, Mount Poonamallee High Road, Alandur Taluk, Chennai District, had leased out a particular portion of the property to M/s.Aircel Cellulor Ltd vide Lease Deed dated 16.07.2001 for for the purpose of installing the Telecom Tower. Even after the expiry of lease period, the tower which was installed by M/s.Aircel Ltd Company has not been removed and the same is left unused for several years. Subsequently, the said M/s.Aircel Ltd Company was taken over by M/s.Chennai Network Infrastructure Limited which is now merged with the 5 th respondent herein. Despite receipt of the petitioner's representation dated 25.04.2024 for removal of telecom tower from the petitioner's property, no action has been taken by the respondents till date. Having left with no alternative remedy, the petitioner has come up with the present Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice, if this Court issues a direction to the 3/5

respondents to consider the petitioner's representation dated 25.06.2024 and pass orders on the same within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned counsel appearing for respondents 1 to 4.

6. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the 2 nd respondent to consider the petitioner's representation dated 25.06.2024 and pass appropriate orders on the same in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any other interested parties. M.DHANDAPANI, J Nhs

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

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11.11.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs To 1.The Secretary to Government State of Tamil Nadu, Information and Technology Department, Secretariat, Chennai-600 009.

2.The District Collector, Chennai District.

3.The Commissioner of Police, Periyar EVR Salai, Vepery, Cheennai-6 00 07.

4.The Commissioner Greater Chennai Corporation, Chennai.

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