W.P.(MD)No.

12452 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.12452 of 2021
and
W.M.P.(MD)No.9749 of 2021

Kalandhar Naina Mohamed ... Petitioner

Vs.

1. The District Collector,

Pudukkottai District,
Pudukkottai.

2. The Revenue Divisional Officer,

Aranthangi, Pudukkottai District.

3. The Tahsildar,
Avudaiyarkovil,
Pudukkottai District.

4. The Block Development Officer,

Avudaiyarkovil Panchayat Union,
Avudaiyarkovil, Pudukkottai District.

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 W.P.(MD)No.12452 of 2021

5. The President,
Nattani Purasakkudi Panchayat,
Avudaiyarkovil Taluk,
Pudukkottai District.

6. M/s. Bharathi Airtel Ltd.,

No.42/147 & 44/146,
Santhom and Church Road,
Mylapore, Chennai – 4.

7. Iliyas ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution

of India for issuance of Writ of Mandamus, forbearing the

respondents herein from installing High Tension Cell Phone Base

Transmission Tower in the middle of the residential area of the

Petitioner's Village situated at Gopalapattinam, Nattani

Purasakkudi, Avudaiyar Kovil Taluk, Pudukkottai District in the

light of the Petitioner's representation dated 12.06.2021 and

15.07.2021 within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.T.Veerakumar

For Respondents 1 to 4 : Mr.A.K.Manikkam
Standing Counsel for Government
For Respondent No.6 : K.Govindaraj

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 W.P.(MD)No.12452 of 2021

ORDER
************
[Order of the Court was made by T.S.SIVAGNANAM, J.]

With the consent on either side, the Writ Petition is taken up

for final disposal.

2.Heard Mr.T.Veerakumar, learned Counsel appearing for the

petitioner, Mr.A.K.Manikkam, learned Standing Counsel for

Government appearing for the respondents 1 to 4 and

Mr.K.Govindaraj, learned Counsel appearing for the sixth

respondent.

3.This writ petition has been filed praying for a direction to

forbear the respondents herein from installing High Tension Cell

Phone Base Transmission Tower in the middle of the residential

area of the Petitioner's Village situated at Gopalapattinam, Nattani

Purasakkudi, Avudaiyar Kovil Taluk, Pudukkottai District in the

light of the Petitioner's representations dated 12.06.2021 and

15.07.2021.

4.The Hon'ble Division Bench of this Court in the case of

Manivannan Vs. District Collector, Tuticorin District and

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 W.P.(MD)No.12452 of 2021

others reported in (2019) 6 MLJ 641, had given elaborate

directions as to the procedures to be followed prior to the erection

of the mobile phone tower, wherein it has been held that the

service provider has to obtain permission from the District

Collector in terms of G.O.Ms.No.2, Information Technology

Department dated 01.04.2002.

5.The learned Counsel appearing for the sixth respondent,

the mobile phone company would submit that application has been

given to the District Collector on 16.06.2021 and the approval is

awaited and the company will not erect the cell phone tower

without obtaining the approval.

6.In the light of the above, we dispose of the writ petition

permitting the sixth respondent to erect the mobile phone tower,

only after obtaining approval from the District Collector. The

District Collector, while considering the application dated

16.06.2021, for erection of the mobile phone tower, shall take note

of the objections given by the petitioner and then take an informed

decision.

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 W.P.(MD)No.12452 of 2021

7.Accordingly, the Writ Petition stands disposed of. However,

there shall be no order as to costs. Consequently, the connected

Writ Miscellaneous Petition is closed.

[T.S.S., J.] & [S.A.I., J.]

28.07.2021
Index : Yes / No
Internet: Yes / No
MR
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.

To
1. The District Collector,
Pudukkottai District,
Pudukkottai.

2. The Revenue Divisional Officer,

Aranthangi, Pudukkottai District.

3. The Tahsildar,
Avudaiyarkovil,
Pudukkottai District.

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 W.P.(MD)No.12452 of 2021

T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.

MR

4. The Block Development Officer,

Avudaiyarkovil Panchayat Union,
Avudaiyarkovil, Pudukkottai District.

5. The President,
Nattani Purasakkudi Panchayat,
Avudaiyarkovil Taluk,
Pudukkottai District.

ORDER MADE IN
W.P.(MD)No.12452 of 2021
and
W.M.P.(MD)No. 9749 of 2021

28.07.2021

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