Periyasamy v. The Govt. Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI (Through Video Conferencing) Periyasamy : Petitioner Vs.

1.The Government of India Ministry of Communication & IT Department of Telecommunications, 713 Sanchar Bhawan Ashok road, New Delhi.

2.The District Collector Trichy District, Trichy.

3.The Revenue Divisional Officer, Srirangam, Trichy District.

4.The Tahsildar, Manapparai Taluk Trichy District.

5.M/s.Indus Towers Limited Having its circle office at 5(NP) ESPEE, IT Park, 5th floor, Jawaharlal Nehru Road, Ekkattuthangal, Chennai.

Represented by its Assistant Legal Manager, S.Prasanna 6.Mahendiran : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the 2nd respondent to forbear the respondent Nos.5 and 6 from erecting the cell phone tower in S.F.No.566/5C, Annavi Nagar, North Street, Sevalur Village, Manapparai Municipality, Manapparai Taluk, Trichy District.

For Petitioner : Mr.R.Maheswaran For Respondents : Mrs.L.Victoria Gowri, Assistant Solicitor General for R1 Mr.K.P.Krishnadoss, Special Government Pleader for R2 to R4 Mr.K.Govindarajan for R5 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition seeking a writ of Mandamus to direct the respondent No.2 to forbear the respondent Nos.5 and 6 from erecting cell phone tower.

2. The learned counsel for the petitioner submitted that the proposed cell phone tower is in a thickly populated area and despite the objection given on 12.12.2020, the permission is likely to be given.

3. The learned counsel for the respondent No.5 submitted that the issue is no longer res integra, as the same has already been decided by this Court in Manivannan v. District Collector, Tuticorin District [2019 (6) MLJ 641]. The respondent No.5 has already made an application and the same is pending consideration with the respondent No.2.

4. Considering the above, we deem it appropriate to direct the respondent No.2 to take into consideration all the objections raised, if any, while considering the request of the respondent No.5 for granting license/permission.

5. The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To 1.The Government of India Ministry of Communication & IT Department of Telecommunications, 713 Sanchar Bhawan Ashok road, New Delhi.

2.The District Collector Trichy District, Trichy.

3.The Revenue Divisional Officer, Srirangam, Trichy District.

4.The Tahsildar, Manapparai Taluk Trichy District.

+1 CC to Mr.R.MAHESWARAN, Advocate ( SR-4863[F] dated 12/02/2021 ) +1 CC to SGP ( SR-5143[F] dated 15/02/2021 ) Order made in Dated: 12.02.2021 KM (24.02.2021) 3P 7C 3/3