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Madras High CourtWP(MD)/16225/2019disposed of

Rajagopal v. The District Collector

2022-12-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.12902 of 2019 Rajagopal ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Superintendent of Police, Pudukkottai District.

3.The Commissioner, Pudukkottai Municipality, Pudukkottai.

4.The Managing Director, Bharathi Airtel Limited, No.101, Bharathi Towers, Santhome High Road, Santhome, Chennai.

5.K.Natarajan ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents, their men, and agents, from erecting any cell phone tower amidst or in the vicinity of the residential area located in the property comprised in Plot No.1, Government Staff Colony, Subramanyapuram, Thailanagar, Narimedu, Ward No.1, Pudukkottai Municipality on the basis of the petitioner's representation, dated 18.07.2019.

For Petitioner : Mr.M.Eswaran For Respondents : Mr.M.Siddharthan Additional Government Pleader for R.1 & R.2 Mr.P.Mahendran for R.3 Mr.Karl Marx for R.4 No appearance for R.5

ORDER

None appears for the writ petitioner.

2. The writ petitioner wants this Court to restrain the fourth respondent from putting up any cell phone tower in the vicinity of the petition mentioned address. The learned counsel appearing for the fourth respondent states that they propose to move the first respondent for permission. It is stated by them that only by following due process of law they will put up the cell phone tower. 2/4

The said submission is recorded. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

19.12.2022 Index : Yes / No Internet : Yes/ No mga To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Superintendent of Police, Pudukkottai District.

3.The Commissioner, Pudukkottai Municipality, Pudukkottai.

4.The Managing Director, Bharathi Airtel Limited, No.101, Bharathi Towers, Santhome High Road, Santhome, Chennai.

3/4

G.R.SWAMINATHAN, J.

mga and W.M.P(MD)No.12902 of 2019 19.12.2022 4/4