Madras High CourtWP(MD)/17416/2019withdrawn dismissed

P.Subramaniyan v. The Secretary To Government

2019-08-07Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 07.08.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P. (MD) NO. 17416 OF 2019 AND W.M.P. (MD) NO. 13923 OF 2019 P.Subramaniyan .. Petitioner - Vs -

1. The Secretary to Government of India Ministry of Communications Dept. of Telecommunications Sanchar Bhavan, No.20, Asoka Road New Delhi 110 001.

2. The Government of Tamil Nadu rep. by its Principal Secretary Dept. of Information Technology Fort St. George, Chennai 600 009.

3. The District Collector Tirunelveli District, Tirunelveli.

4. The District Environmental Engineer Tamil Nadu Pollution Control Board No.30/2, SIDCO Industrial Estate Pettai, Tirunelveli 627 014.

5. The Executive Officer Alangulam Special Grade Panchayat Alangulam, Tirunelveli District.

6. M/s.Reliance Jio Infocom Ltd.

Rep. by its Legal Manager A.A. Tower, 8th Floor No.89-90, Dr.Radhakrishnan Salai Mylapore, Chennai 600 004.

7. P.Thangamani .. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents 1 to 5 not to permit the 6th respondent to install the Base Station and Mobile Tower in Survey No,.372/5A1A of Kamaraj Nagar, Alangulam, Tirunelveli District.

For Petitioner : Mr. S.S.Thesigan For Respondents : Mr. J.Alaguram Jorni, CGSC for R-1 Mr. A.K.Baskarapandian, Spl. G.P. For RR-2 & 3 Mr. V.Vasanthakumar for R-4 Ms. S.Srimathi for R-5 Mr. R.G.Shankar Ganesh for R-6

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) After some arguments, learned counsel appearing for the petitioner, on instructions, seek the permission of this Court to withdraw this Writ petition with liberty to file a fresh writ petition containing full particulars, which include the relevant Government Orders, instructions and guidelines as to the location of mobile/cell phone towers, especially in residential areas. An endorsement has also been made to the said effect. Recording the said endorsement, this writ petition is dismissed as withdrawn and liberty, as sought for by the petitioner, is granted. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) GLN To