M/S. Elevar Digitel Infrastructure Private Limited v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.(MD)No. 22272 of 2025 M/S.Elevar Digitel Infrastructure Private Limited, (Formerly ATC Telecom Infrastructure Pvt Limited) Unit 1, 9th Floor, Tower, 4, Equinox Business Park, LBS Marg, Kurla (W) Mumbai 400 070 Maharashtra, India Circle Office at Damodharan Street, Opposite to T.Nagar Bus Stand, T.Nagar, Chennai 600 017.
Petitioner Vs 1.The District Collector, Collectorate Office, Nagarcoil 629 001, Kanyakumari District.
2.The Superintendent of Police, District Head Quarters, Kanyakumari District.
3.The Inspector of Police, Kulachal Police Station, Nagercoil, Kanyakumari District.
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st Respondent herein, to grant permission to the Petitioner for relocating the over ground telegraph infrastructure (Telecom Tower) by erecting the same in the land admeasuring 1/6
1600 Sq.ft. at S.F.No.131/12, Kulachal Village, Kalkulam Taluk, Kulachal SRO, Kanyakumari, District - 629 251 on the basis of the application dated 19.02.2025 without insisting on production of Registered Lease Deed, within a time stipulated by this Court and to direct the Respondents 2 and 3 herein to afford effective police protection to the Petitioner Company to fully complete such relocation and installation of over ground telegraph infrastructure (Telecom Tower).
For Petitioner : Mr.J.Ravikumar For R1 : Mr.M.Lingadurai Special Government Pleader For R2 and R3 : Mr.K.Sanjai Gandhi Government Advocate
ORDER
Heard Mr.J.Ravikumar, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader and Mr.K.Sanjai Gandhi, learned Government Advocate takes notice for the respondents 1 and 2 & 3 respectively. Thus, there is no need to issue notice to the respondents. 2.This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first respondent to grant permission to the petitioner for re-locating the over ground telegraph infrastructure (Telecom Tower) by erecting the same in the land in S.F.No. 131/12, at Kulachal Village, Kalkulam Taluk, Kulachal SRO, Kanyakumari, District, on the basis of the application dated 19.02.2025, without insisting on production of registered lease deed and to direct the respondents 2 and 3 to 2/6
afford effective police protection to the petitioner Company to fully complete such relocation and installation of over ground telegraph infrastructure (Telecom Tower).
3.Today, when the matter is taken up, Mr.M.Lingadurai, learned Special Government Pleader for the first respondent, submits that the relief sought for by the petitioner for re-locating the over ground telegraph infrastructure (Telecom Tower) by erecting the same in the land in S.F.No.131/12, at Kulachal Village, Kalkulam Taluk, Kulachal SRO, Kanyakumari, District, on the basis of the application dated 19.02.2025, without insisting on production of registered lease deed has already been considered and approved by the first respondent on 08.08.2025. In this regard, he has produced a copy of the status of the application, dated 19.02.2025, downloaded from the web-site, before this Court, which is now taken on record, and a copy of the same has also been given to the learned counsel for the petitioner.
4.Thus, the learned Special Government Pleader for the first respondent submits that the relief sought for in this writ petition has now become infructuous and no further order is required in the present writ petition, as the approval was already granted by the first respondent for re-locating the over ground telegraph infrastructure (Telecom Tower) by erecting the same in the land in S.F.No.131/12, at Kulachal Village, Kalkulam Taluk, Kulachal SRO, 3/6
Kanyakumari, District and prays this Court that the the present writ petition may also be disposed of.
5.Mr.J.Ravikumar, learned counsel for the petitioner submits that he has received a copy of the status of the application, dated 19.02.2025, downloaded from the web-site, and after perusal of the same, he submits that he has no objection and requested this Court to dispose of the writ petition, as the relief sought for by the petitioner for re-locating the over ground telegraph infrastructure (Telecom Tower) by erecting the same in the land in S.F.No. 131/12, at Kulachal Village, Kalkulam Taluk, Kulachal SRO, Kanyakumari, District has been approved by the first respondent on 08.08.2025 and the relief sought for in the present Writ Petition has now become infructuous. 6.
Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the records and averments made in the Writ Petition and after perusal of the copy of the status of the application, dated 19.02.2025, downloaded from the web-site, perusal of which, it is seen that the first respondent has granted approval on 08.08.2025 for re-locating the over ground telegraph infrastructure (Telecom Tower) by erecting the same in the land in S.F.No.
first respondent on 08.08.2025 and no further order is required in the present Writ Petition.
7.Accordingly, the Writ Petition is finally disposed of. No costs. The file is consigned to record.
13.08.2025 mm To:
1.The District Collector, Collectorate Office, Nagarcoil 629 001, Kanyakumari District.
2.The Superintendent of Police, District Head Quarters, Kanyakumari District.
3.The Inspector of Police, Kulachal Police Station, Nagercoil, Kanyakumari District.
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SHAMIM AHMED , J.
mm 13.08.2025 6/6