Arumugam, S/O.Muthu Konar v. Union Of India, Rep. By Its

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 30.08.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P. (MD) NO. 22154 OF 2017 AND W.M.P. (MD) NO. 18459 OF 2017 Arumugam .. Petitioner - Vs -

1. Union of India rep. by its Secretary to Govt.

Department of Communication & Information Technology Electronics Niketan, No.6, CGO Complex Lodhi Road, New Delhi 110 003.

2. Telecom Regulatory Authority of India (TRAI) rep. by its CPIO & Advisory to Govt. of India Mahanagar, Door Sanchar Bhavan Jawaharlal Nehru Marg (Old Minto Road) New Delhi - 2.

3. The District Collector Tirunelveli, Tirunelveli District.

4. Reliance Jio Communications Ltd.

Preetham Plaza, 2nd Floor No.82, Chandragandhi Nagar Madurai 625 016.

5. Sankaran .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus forbearing the 4th respondent from putting up any cell phone tower, generators and from proceeding further with the erection/commencement of operation of cell phone tower in the premises of the 5th respondent in Survey No.447/1, Marudhakulam Village, Nanguneri Taluk, Tirunelveli District.

For Petitioner : Mr. T.Pon Ramkumar For Respondents : Mr. A.K.Baskarapandian, Spl. GP for RORDER (Order of the Court was made by M.Sathyanarayanan, J.) The matter in issue is covered by the common order in the case of Manivannan - Vs - The District Collector, Tuticorin District & Ors. (W.P. No.15974/2019, etc. (Batch) dated 29.08.2019), and it is relevant to extract the operative portion of the said order as hereunder :- "13.19. In view of the above Government Order and the above cited decisions rendered by this Court, the private respondents / service providers have to obtain permission from the District Collectors concerned as per G.O.Ms.No.2 Information Technology Department, dated 01.04.2002. Issue No.2 is answered accordingly.

14. In fine, all these writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed."

2. In view of the order as above, this writ petition is also disposed of accordingly. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) GLN To

1. The Secretary to Government Department of Communication & Information Technology Electronics Niketan, No.6, CGO Complex Lodhi Road, New Delhi 110 003.

2. CPIO & Advisor Telecom Regulatory Authority of India (TRAI) Mahanagar, Door Sanchar Bhavan Jawaharlal Nehru Marg (Old Minto Road) New Delhi - 2.

3. The District Collector Tirunelveli Tirunelveli District.

+1 CC to M/s.SPLGP ( SR-84860[F] dated 03/09/2019 ) +1 CC to M/s.T. PON RAM KUMAR, Advocate ( SR-84910[F] dated 03/09/2019 ) W.P. (MD) NO. 22154 OF 2017 30.08.2019 KM/(16.09.2019) 3P 6C