S.Balakrishnan, v. Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.11683 of 2019 W.M.P.(MD) No.8877 of 2019 S.Balakrishnan ... Petitioner Vs.

1.Union of India, Rep. by its Secretary, Ministry of Communication & Information Technology, Electronics Niketan, No.6, CGO Complex, Lodhi Road, New Delhi - 110 003.

2.The District Collector, Madurai District, Madurai.

3.The Executive Officer, Peraiyur Town Panchayat, Peraiyur, Madurai District.

4.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

5.The Managing Director, Reliance JIO Infocomm Ltd., No.120, Prestige Palladium Bayan, Greams Roads, Thousand Lights, Chennai - 600 006.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents, their men, agents, from erecting any cell phone tower amidst or in the vicinity of the residential area located in the property comprised in Survey No.122/3 situated at Rahmath Nagar, Peraiyur Town.

For Petitioner :(*) Mr.S.Sadeskumar For 1st Respondent : Mr.P.Subbiah Central Government Standing Counsel 1/3

For Respondents 2 and 4 : Mr.S.Shanmugavel Additional Government Pleader For 3rd Respondent : Mr.J.Gunaseelan Muthiah For 5th Respondent : (*)Mr.R.G.Shankar Ganesh * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, forbearing the Respondents, their men, agents, from erecting any cell phone tower amidst or in the vicinity of the residential area located in the property comprised in Survey No.122/3 situated at Rahmath Nagar, Peraiyur Town.

2.

(*)It is represented on behalf of the respondents that the proposal for erection of cellphone tower itself was dropped.

3.

Recording the same, the Writ Petition is closed. No costs. Consequently, connected W.M.P. is closed. Sd/- Assistant Registrar(C.O) (*)Corrected as per the order of this Court dated 18/11/2022 made in Sd/- Assistant Registrar(C.O) // True Copy // /09/2022 Sub Assistant Registrar(CS) sj To (*) To be substituted to the order already despatched on30/09/2022 1.The Secretary, Ministry of Communication & Information Technology, Union of India, Electronics Niketan, No.6, CGO Complex, Lodhi Road, New Delhi - 110 003.

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2.The District Collector, Madurai District, Madurai.

3.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

+1 CC to M/s.SPL.GP ( SR-56362[F] dated 21/11/2022 ) +1 CC to M/s.S.SADES KUMAR, Advocate ( SR-44723[F] dated 14/09/2022 ) +1 CC to M/s.P.SUBBIAH, Advocate ( SR-44841[F] dated 14/09/2022 ) W.P(MD)No.11683 of 2019 13.09.2022 SI(29.09.2022) 3P 7C RD(07/12/2022) 3P 7C 3/3