T.Haleema Beevi v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 18.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY T.Haleema Beevi ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.M/s.Reliance Infratel Ltd., Reliance Home, No.6, Haddows Road, Nungambakkam, Chennai - 600 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to permit the petitioner to uninstall the non-operational cell phone tower situated at Survey No.238/8 and 238/10 Vilavancode Village and Taluk, Kanyakumari District based upon the petitioner's representation dated 18.01.2025. 1/6

For Petitioner : Mr.N.S.Ramakrishna Dass For Respondent No.1 : Mrs.K.Malathi, Additional Government Pleader For Respondent No.2 : No appearance

O R D E R

This Writ Petition has been filed seeking for a direction to the first respondent to permit the petitioner to uninstall the nonoperational cell phone tower situated at Survey No.238/8 and 238/10 Vilavancode Village and Taluk, Kanyakumari District based upon the petitioner's representation dated 18.01.2025. 2.Learned Counsel for the petitioner would submit that though the operation of the cell tower was stopped as early as in the year 2020, till date, the second respondent failed to remove the same and also not paid any rent. Therefore, the petitioner is put into irreparable loss. Also, the petitioner has made several representations to the second respondent, however, no action been taken. Hence the present Writ Petition.

3.Learned Additional Government Pleader appearing for the first respondent reports no instructions.

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4.In respect of the second respondent, notice has been issued to the second respondent and name printed, however, none appeared on behalf of the second respondent.

5.In the present case, the grievance of the petitioner is that in the petitioner's property in Survey No.238/8 and 238/10 Vilavancode Village and Taluk, Kanyakumari District, the second respondent installed the cell phone tower and the same is nonoperational from 2020 onwards. For the past 5 years, no rent has also been paid by the second respondent. Hence, the petitioner requests for removal of the cell tower. Under these circumstances, the petitioner has filed the present Writ Petition seeking to grant leave for the purpose of removal of the same. 6.Such being the case, this Court directs the first respondent to trace the whereabouts of the second respondent and thereafter, take appropriate action for removal of the cell tower that has been installed in the petitioner's property and also issue necessary direction to the second respondent to pay the arrears of rent to the petitioner, as expeditiously as possible. In the event, the second 3/6

respondent is not traceable, the petitioner may be permitted to remove the cell tower and realise the cost of the same out of the sale of the said cell tower.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

18.02.2026 Index: Yes/No Internet: Yes/No MR 4/6

To The District Collector, Kanyakumari District, Nagercoil.

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KRISHNAN RAMASAMY, J.

MR 18.02.2026 6/6