P.Mutharasu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 15/12/2025

CORAM

The Hon`ble Mr.Justice KRISHNAN RAMASAMY and WMP(MD) Nos.28363 of 2025

1. P.Mutharasu,

2. A.Ramathilagam ... Petitioners Vs

1. The District Collector, District Collectorate, Virudhunagar District..

2. The Superintending Engineer,, Tamil Nadu Electricity Board, 65/1, Ramamoorthi Road, Virudhunagar 626 001.

3. The Assistant Engineer,, Rural North, Tamil Nadu Electricity Board, 65/1, Ramamoorthi Road, Virudhunagar 626 001.

4. The Assistant Director (Panchayats),, O/o.The Assistant Director (Panchayats),

5. The Block Development Officer, 1/6

6. The Special Officer,, Sivagnanapuram Panchayat,

7. The Authorised Signatory,, Indus Tower Ltd., Espee It Park, 5(N.P), 5th Floor, Jawaharlal Nehru Road, Ekkaduthangal, Chennai 600 032.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents to stop the installation of second Cell phone tower and consequently to stop the functioning of the already existing mobile phone tower situated in Plot NO.2, comprised in S.F.No.21/4A, 21/2A, 21/3A, Chithirai Veethi, Sivagnanapuram Panchayat, Madurai Road, Virudhunagar by considering the petitioners representation dated 29.04.2025 within a time frame as fixed by this Honble Court in this writ petition For Petitioner : Mr.I.Suthakaran For Respondents : Mr.A.Oliraja for R1 and R4 Government Advocate Mr.P.Thambidurai for R5 and R6 Government Advocate

ORDER

This writ petition has been filed for a direction to the respondents to stop the installation of second Cell phone tower and consequently to 2/6

stop the functioning of the already existing mobile phone tower situated in Plot NO.2, comprised in S.F.No.21/4A, 21/2A, 21/3A, Chithirai Veethi, Sivagnanapuram Panchayat, Madurai Road, Virudhunagar by considering the petitioner's representation dated 29.04.2025 within a time frame as fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocates for the respondents 1,4 to 6. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. Since no adverse orders are going to be passed against the private respondents, notice is dispensed with.

3. The petitioner has sent a representation to the respondents not to install second Cell phone tower and to stop the functioning of the already existing mobile phone tower situated in Plot NO.2, comprised in S.F.No.21/4A, 21/2A, 21/3A, Chithirai Veethi, Sivagnanapuram Panchayat, Madurai Road, Virudhunagar 3/6

4. When the matter was taken up for hearing, the learned Government Advocate would submit that no one can install the tower without following the procedure contemplated. However, after following the procedure contemplated only, the 7th respondent can install the tower.

5. Considering the submission made on either side, this writ petition is disposed of as no further orders can be passed. However, it is made clear that if there is any deviation, appropriate action would be taken. No costs. Consequently connected Miscellaneous Petition is closed.

15.12.2025 RR 4/6

TO

1. The District Collector, District Collectorate, Virudhunagar District..

2. The Superintending Engineer,, Tamil Nadu Electricity Board, 65/1, Ramamoorthi Road, Virudhunagar 626 001.

3. The Assistant Engineer,, Rural North, Tamil Nadu Electricity Board, 65/1, Ramamoorthi Road, Virudhunagar 626 001.

4. The Assistant Director (Panchayats),, O/o.The Assistant Director (Panchayats),

5. The Block Development Officer,

6. The Special Officer,, Sivagnanapuram Panchayat, 5/6

KRISHNAN RAMASAMY, J RR

ORDER

IN WP(MD) No.35753 of 2025 Date : 15/12/2025 6/6