Rajangam, v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2021 CORAM :

THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN and WMP(MD)Nos.551 of 2019 and 5753 of 2021 Rajangam ... Petitioner vs.

1)The Union of India, Represented by its Secretary, Communication and Information Technology, Department of Telecommunication Engineering Centre, Khushirlal Poliavan Janpat, New Delhi-110 001. 2)The State of Tamil Nadu Represented by its Secretary to Government, Environment and Forest Department, Secretariat, Chennai-09.

3)The District Collector, Thanjavur District, Collectorate, Thanjavur.

4)The District Environmental Engineer, Thanjavur District, Thanjavur.

5)The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.

6)The Reliance JIO Telecom Ltd., A-1 Towers, No.89-91, Dr.Radha Krishnan Salai, Mylapore, Chennai-600 004.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from erecting cell phone Transmission Tower in the residential area of Nanji Kottai Village and Taluk, Thanjavur District. 1/3

For Petitioner : Mr.M.Saravanakumar For R2, R3 & R5 : Mr.P.Subbaraj, Government Advocate For R4 : M/s.Vijayakumarinatarajan For R6 : Mr.R.G.Shankar Ganesh

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is filed for a Mandamus, forbearing the respondents from erecting cell phone Transmission Tower in the residential area of Nanji Kottai Village and Taluk, Thanjavur District.

2.On earlier occasion, this Court had directed the authorities to verify whether the cell phone tower was erected, even before the writ petition was filed.

3.The learned counsel appearing for the 6th respondent states that the erection of the tower was completed on 30.10.2018 and the actual transmission commenced on 03.01.2019 and the writ petition was filed on 08.01.2019.

4.As already tower has been erected and the transmission has been commenced, nothing survives to be decided in the writ petition. Accordingly, the Writ Petition is dismissed. If the petitioner has got any other grievance, it is open to him to approach the appropriate authorities to redress his grievance. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) bala To 1)The Secretary, Union of India, Communication and Information Technology, Department of Telecommunication Engineering Centre, Khushirlal Poliavan Janpat, New Delhi-110 001.

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2)The Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai-09.

3)The District Collector, Thanjavur District, Collectorate, Thanjavur.

4)The District Environmental Engineer, Thanjavur District, Thanjavur.

5)The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.

+1 CC to M/s.SPL.GP ( SR-34266[F] dated 12/11/2021 ) +1 CC to M/s.VIJAYAKUMARI NATARAJAN, Advocate ( SR-34205[F] dated 11/11/2021 ) +1 CC to M/s.R.G.SHANKAR GANESH, Advocate ( SR-34374[F] dated 12/11/2021 ) +1 CC to M/s.M. SARAVANAKUMAR, Advocate ( SR-34193[F] dated 11/11/2021 ) DATED : 11.11.2021 RK/SKN(19/11/2021) 3P 10C 3/3