Jayaprakash Mani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)NO.20868 OF 2021 and W.M.P(MD)No.17482 of 2021 Jayaprakash Mani :Petitioner .vs.
1.The District Collector, Office of the District Collector, Tenkasi District, Tenkasi.
2.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District, Tenkasi.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi Sub-Division, 4.The Inspector of Police, Ilathur Police Station, Ilathur, 5.Prasanna, Assistant Legal Manager, M/s.Indus Tower Limited, Circle Office, 5(NP) ESPEE, IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents, their men and agents from erecting any Cellphone Tower and Power Up amidst or in the vicinity of the residential area located in the property comprised in S.No.382/11, situated at 1/3
Duraisamypuram, Kadayanallur Taluk, Tenkasi District on the basis of the Petitioner's representation, dated 13.11.2021. For Petitioner :Mr.Niranjan S.Kumar for M/s.S.Sathyachidambaram For Respondents :Mr.P.Subbaraj 1 to 4 Special Govt.Pleader For Respondent-5 :Mr.K.Govindarajan
O R D E R
(Order of the Court was made by PUSHPA SATHYNARAYANA,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus forbearing the respondents, their men and agents from erecting any Cell-phone Tower and Power Up amidst or in the vicinity of the residential area located in the property comprised in S.No.382/11, situated at Duraisamypuram, Kadayanallur Taluk, Tenkasi District on the basis if the Petitioner's representation, dated 13.11.2021.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Upon notice, the learned counsel appearing on behalf the fifth respondent states that the District Collector, Tenkasi District, who is the Licencing Authority, has approved the installation and operation of the Cell-phone Tower by order, dated 7.9.2021 in six locations. The location in question is shown as S.No.382/11, situated at Duraisamypuram, Kadayanallur Taluk, 4.Even before the Petitioner came to this Court, the approval has been granted by the District Collector concerned. Therefore, the Writ Petition has become infructuous. Therefore, it is open to the Petitioner to work out his remedy, other wise, in the manner known to law.
5.With the above observation, the Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 2/3
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The District Collector, Office of the District Collector, Tenkasi District, Tenkasi.
2.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District, Tenkasi.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi Sub-Division, 4.The Inspector of Police, Ilathur Police Station, Ilathur, +1 CC to M/s.SPL GP ( SR-36481[F] dated 30/11/2021 ) +1 CC to M/s.T.N.KARTHIKEYAN, Advocate ( SR-36665[F] dated 01/12/2021 ) W.P(MD)NO.20868 OF 2021 and W.M.P(MD)No.17482 of 2021 29.11.2021 TSK(CO) KB(09.12.2021) 3P 7C 3/3