Malarkodi.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN R.Malarkodi ... Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli - 620 001.

2.The Tahsildar, Mannachanallur Taluk, Mannachanallur, Tiruchirappalli District.

3.The President, Poonampalayam Village Panchayat, Mannachanallur Taluk, Tiruchirappalli District.

4.M/s.Reliance Jio Infocom Ltd., Circle Office, A1 Tower, 8th Floor, B9-90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Mandamus directing the first to third respondents herein not to permit erection of any cell-phone tower within Page No. 1 of 4

the residential area, particularly in S.No.467/1B, Plot No.6 of RKG Nagar, Poonampalayam Village, Mannachanallur Taluk, Trichy District based on the petitioner's representation dated 22.02.2022 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.P.Saravanakumar For R1 & R2 : Mr.M.Muthumanickam Government Advocate For R3 : Mr.S.Shaji Bino Special Government Pleader For R4 : Mr.R.Parthiban

O R D E R

This Writ Petition seeks for a mandamus forbearing the first to third respondents from granting any permission to the fourth respondent to erect the cell-phone towers on the land in S.No.467/1B, Plot No.6 of RKG Nagar, Poonampalayam Village, Mannachanallur Taluk, Trichy District.

2. When the matter was taken up for hearing, Mr.R.Parthiban, who represents the fourth respondent, produced the records to show that the owners of the land, namely, Mr.V.Ramar and Mr.V.Chinnasamy, had entered into a lease agreement with the fourth respondent permitting the erection of the cell-phone towers. On the basis of the said agreement, the Page No. 2 of 4

fourth respondent has approached the first respondent for grant of permission, and the permission has also been granted on 01.06.2022.

3. In view of the above, this Writ Petition seeking for a mandamus is not maintainable at this stage. Thus, this Writ Petition is dismissed. In case the petitioner feels aggrieved by the order passed by the first respondent, it is for him to challenge the same, if it is otherwise open to him. No costs.

03.02.2025 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:

1.The District Collector, Tiruchirappalli District, Tiruchirappalli - 620 001.

2.The Tahsildar, Mannachanallur Taluk, Mannachanallur, Tiruchirappalli District.

3.The President, Poonampalayam Village Panchayat, Mannachanallur Taluk, Tiruchirappalli District.

Page No. 3 of 4

V.LAKSHMINARAYANAN , J.

JEN 03.02.2025 Page No. 4 of 4