Madras High CourtWP(MD)/8599/2017disposed of

K.Kalimuthu v. The District Collector

2017-08-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 8599 of 2017 and WMP.(MD)No.6522 of 2017 K.Kalimuthu .. Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3.The Commissioner, Pattukkottai Municipality, Pattukkottai, Thanjavur District.

4.The Tahsildar, Pattukkottai, Thanjavur District.

5.Padmavathi, 6.M/s.Reliance Communications Ltd., Reliance House, No.6, Haddows Road, Nungambakkam, Chennai - 600 006.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to prevent the 6th respondent from erecting a Jio Cell Phone Tower at Plot No.46, Srinivasan Nagar, Pattukkottai, Thanjavur District. For Petitioner : Mr.D.R.Murugesan For Respondents No. 1,2 & 4 : Mr.M.Govindan Special Government Pleader For Respondent No.5 : No Appearance For Respondent No.6 : Mr.R.G.Shankar Ganesh For Respondent No.3 : Mrs.Yogeswari For Mr.Gunaseelan Muthiah https://hcservices.ecourts.gov.in/hcservices/

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks a direction to restrain the respondent No. 6 from erecting Jio Cell Phone Tower at Plot No.46, Srinivasan Nagar, Pattukkottai, Thanjavur District.

2. Since the allegation that the proposed erection of Cell Phone Tower would cause nuisance to the residents of the locality, we direct the first respondent to consider and dispose of the representation submitted by the writ petitioner on 25.04.2017, on merits and as per law, within a period of three months from the date of receipt of a copy of this order.

3. Till the first respondent disposes of the representation, the 6th respondent shall not put up any Cell Phone Tower. The status quo that is prevailing as-on-today shall be maintained till then.

4. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3.The Tahsildar, Pattukkottai, Thanjavur District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.71487 +1cc to Mr.R.G.SHANKAR GANESH Advocate in SR. No. 71502 +1cc to Mr.D.R.MURUGESAN Advocate in SR. No.71034 RMK/DAS JS/KP/SAR.1/12.09.2017/2P-7C ORDER MADE IN W.P.(MD)No. 8599 of 2017 and WMP.(MD)No.6522 of 2017 07.08.2017 https://hcservices.ecourts.gov.in/hcservices/