R.Ramesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11372 of 2017 and W.M.P.(MD).No.8751 of 2017 R.Ramesh .. Petitioner Vs.

1. The District Collector, Tuticorin & District.

2. The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3. Inam Maniyatchi Panchayat, Represented by its Special Officer, Kovilpatti Taluk, Tuticorin District.

4. M/s.Reliance Jio Infocom Limited, 89, 90, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004, Chennai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to restrain the fourth respondent from installing Mobile Phone Tower at Survey No.233/1A13B & 234/1D in Indira Nagar, Inam Maniyatchi, Kovilpatti Taluk, Tuticorin District, without following procedure and law on the basis of representation dated 02.05.2017 made by this petitioner to the respondents 1 and 2.

For petitioner : Mr.B.Rajesh Saravanan For respondents 1&2 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For Respondent No.3 : Mr.C.Prithiviraj Mr.C.Selvaraj For Respondent No.4 : Mr.R.G.Shankar Ganesh

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to restrain the fourth respondent from installing Mobile Phone Tower at Survey No.233/1A13B & 234/1D, Indira Nagar, Inam Maniyatchi, Kovilpatti Taluk, Tuticorin District.

https://hcservices.ecourts.gov.in/hcservices/

2. We direct the Revenue Divisional Officer, Kovilpatti, Tuticorin District, to consider and dispose of the representation given by the petitioner dated 02.05.2017 on merits and as per law, with notice to the respondents 3 and 4. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. We are informed that the fourth respondent has already installed the Cell Phone Tower and yet to make it functional. There shall be an order, restraining the fourth respondent from making the Cell Phone Tower functional till a decision is taken by the second respondent herein on the representation submitted by the petitioner, taking into account the direction given above.

3. The Writ Petition is disposed of, with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Tuticorin & District.

2. The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

+1cc to Mr.B.Rajesh Saravanan, Advocate SR.No.72054 +1cc to Mr.R.G.Shankar Ganesh, Advocate SR.No.71867 +1cc to The Spl.Government pleader Sr.No.72609 NB VB/JC/SAR4/23.08.2017/2P/6C ORDER MADE IN W.P.(MD)No.11372 of 2017 10.08.2017 https://hcservices.ecourts.gov.in/hcservices/