A.Muthiah v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE S.ANANTHI A.Muthiah ... Petitioner vs.

1. Union of India, Rep by its Principal Secretary, Department of Telecommunication, Ministry of Communication, Sanchar Bhavan, Ashoka Road, New Delhi-110001.

2. The District Collector, Tenkasi District.

3. The Commissioner, Sankarankoil Municipality, Tenkasi District.

4. The Tahsildar, Sankarankoil Taluk, Tenkasi District.

5. M/s.Bharathi Airtel Limited, Oceanic Towers, 101, Santhome High Road, Santhome, Chennai-600 028.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from installing the High Tension Cell Phone Transmission Tower on the middle of residential area of the petitioner's village in Thiru.Vi.Ka.Street, Sankarankoil, Tenkasi District. For Petitioner : Mr.K.Jeyamohan For R1 : Mr.S.Jeya Singh Central Government Standing Counsel For R2 & R4 : Mr.P.Thilakkumar Government Pleader For R3 : Mr.P.Mahendran

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] The writ petition was filed in anticipation of installation of High Tension Cell Phone Transmission Tower in the middle of residential area of the petitioner's village.

2. Learned Government Pleader submits that no Cell Phone Transmission Tower has been installed, though in the written instructions, it has been mentioned due to the pendency of the writ petition.

3. In any case, we dispose of the Writ Petition with a direction to the respondents that if any one seeks permission for installation of Transmission Tower, then permission can be granted following the rules and instructions and not violating it. No costs. Consequently, connected miscellaneous petition is closed.

[M.N.B., C.J.] [S.A.I., J.] 27.07.2022 Index :

Yes / No Internet :

Yes / No bala/ssl

To:

1. The Principal Secretary, Union of India, Department of Telecommunication, Ministry of Communication, Sanchar Bhavan, Ashoka Road, New Delhi-110001.

2. The District Collector, Tenkasi District.

3. The Commissioner, Sankarankoil Municipality, Tenkasi District.

4. The Tahsildar, Sankarankoil Taluk, Tenkasi District.

THE HON'BLE THE CHIEF JUSTICE and S.ANANTHI , J.

bala/ssl ORDER MADE IN DATED : 27.07.2022