T.Thankaraj v. District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P(MD).No.18178 of 2024 T.Thankaraj ... Petitioner Vs., 1.The District Collector, Nagercoil, Kanniyakukmari District.
2.The President, Kalukoottam Panchayat, Kanniyakumari District.
3.The Executive Officer, Kallukoottam Panchayat, Kanniyakumari District.
4.The Block Development Officer, Kurunthangode, Kanniyakumari District.
5.Sreekumar 6.Indus Towers, ESPEE IT PARK, 5 (N.P), 5th Floor, Jawaharlal Nehru Road, Ekkaduthangal, Chennai 600 032.
... Respondents 1/5
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 to take immediate and appropriate action to stop the unauthorized erection of the mobile tower by respondents Nos.5 and 6 in Lakshmipuram Village at Survey No.846/8 and also direct the first respondent to take appropriate legal action against the fifth and sixth respondents for violating the conditions of the permission granted for erecting the mobile tower in Thiruvidhancode village and for attempting to construct the tower in a different location without proper authorization. For Petitioner : Mr.SC.Herold Singh For Respondent : Mr.A.Kannan (for R1) Additional Government Pleader Mr.J.Ashok (for R4) Additional Government Pleader
ORDER
This writ petition has been filed seeking for issuance of writ of mandamus directing the respondents 1 to 4 to take immediate and appropriate action to stop the unauthorized erection of the mobile tower by respondents Nos.5 and 6 in Lakshmipuram Village at Survey No.846/8 and also direct the first respondent to take appropriate legal action against the fifth and sixth respondents for violating the conditions of the permission granted for erecting the mobile tower in Thiruvidhancode village and for attempting to construct the tower in a different location without proper authorization.
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2. Heard both sides. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. It is the case of the petitioner that the petitioner is the permanent resident of Lakshmipuram Village. The respondents 5 and 6 had obtained permission for erection of mobile tower in Thiruvidhancode Village, but they attempted to erect the mobile tower in Lakshmipuram Village. The same was objected by the entire villagers. In this regard, the petitioner gave a representation pointing out that no permission whatsoever was granted for erecting the mobile tower in Lakshmipuram Village. The same has not been considered so far. Hence, the petitioner is before this Court.
4. The RTI reply obtained by the petitioner also clearly indicates that permission was granted only in respect of Thiruvidhancode Village and not in respect of Lakshmipuram Village.
5. The learned Additional Government Pleader, on instructions, would submit that no permission has been granted to erect the tower in Lakshmipuram Village. In view of agitation, the District Collector has issued notice to stop the 3/5
erection of the said tower. Now, the work is also stopped. The communication given to the Government Pleader by the Executive Officer of the Kallukoottam Town Panchayat, is also placed before this Court.
6. Recording the above, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 10.09.2024 NCC : Yes/No Index : Yes/No Rmk To 1.The District Collector, Nagercoil, Kanniyakukmari District.
2.The Block Development Officer, Kurunthangode, Kanniyakumari District.
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N.SATHISH KUMAR , J.
Rmk 10.09.2024 5/5