The High Court dismissed a writ petition seeking a mandamus to stop Reliance Jio from erecting a cell tower. The court held the petitioner failed to approach the competent District Collector and the complaint lacked necessary details.
The writ petition was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.19317 of 2019 and WMP.No.18777 of 2019
P.Murugavel
...Petitioner
Vs
Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 not to permit the 4th respondent to erect the Cell Phone Tower in the 5th Respondent's Plot Nos.25 and 26, Annamalai Nagar, Devarkandanallur Village, Kullikkarai Post, Thiruvarur District.
For Petitioner : Mr.R.Thirugnanam For Respondents: Mr.Akhil Akbar Ali Government Advocate for R1 to R3
O R D E R
[Order was delivered by S.MANIKUMAR,J]
The petitioner has sought for issuance of a Writ of Mandamus directing the respondents 1 and 2 not to permit the 4th respondent to erect the Cell Phone Tower in the 5th Respondent's Plot Nos.25 and 26, Annamalai Nagar, Devarkandanallur Village, Kullikkarai Post, Thiruvarur District.
"(4) (i) Permission for installing towers, equipment and generator etc., on case to case basis will be issued by the district Collector concerned in consultation with the district office concerned."
Block Development Officer, Koradacheri, addressed to the petitioner, is reproduced as follows:
"From
Thiru.V.Vasudevan, B.Sc., B.Ed., Block Development Officer, Koradacheri.
To
Thiru.B.Pasupathi, (President) Annamalai Nagar & Nila Nagar Residents Welfare Association, Thevarkandanallur 513 704.
R.C.No.33/2010/B3 datd: 26.06.2019
Sir,
Sub: Complaint - Thiruvarur District - Koradacheri Block - Thevarkandanallur Panchayat - Annamalai Nagar - Cellphone Tower by Jio - Information about Not issuing approval to the Company – Reg.
Ref:1. Petition dated 18.06.2019 from Annamalai Nagar & Nila Nagar Residents Welfare Association.
As per the letter in reference No.1 Jio Cellphone company had started the work of constructing Cell Phone Tower at Plot Nos.25 and 26, in Thevarkandanallur Panchayat, AnnamalaiNagar, Koradacheri Block Thiruvarur District, in the plots purchased for residential construction and the construction of cell phone tower work was temporarily stopped by the residents of the area.
Further it is informed to the petitioner that no approval was issued for constructing the Jio Cellphone tower at those Plot Nos.25 & 26.
Sd/-
Block Development Officer, Koradacherri.
Copy Humbly submitted to: Assistant Director (Panchayats), Thiruvarur".
competent authority to grant permission. The petitioner has not obtained necessary details from the District Collector, who is the competent authority for granting permission as stated in the above said G.O. However the learned counsel for the petitioner, emphasises that no approval has been granted. Writ petition does not satisfy the requirements of the public interest litigation.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
dpq
To
+1cc to Mr.R.Thirugnanam, Advocate, S.R.No.57831
+1cc to the Government Pleader, S.R.No.58309
Writ Petition No.19317 of 2019 and WMP.No.18777 of 2019
JP(CO) CS/28/08/2019
3 issues framed by the court
Whether a Writ of Mandamus can be issued directing respondents not to permit the erection of a Cell Phone Tower without competent investigation.
Whether the petitioner obtained information from the competent authority empowered to grant permission under the relevant Government Order.
Whether the requirements of public interest litigation are satisfied in the present writ petition.
2 provisions across 2 enactments
P.Murugavel
The District Collector, Office of the Collectorate, Thiruvarur
The Block Development Officer, Village Panchayat, Koradacherri
The Inspector of Police, Koradacherri
M/s.Reliance Jio Infocomm Limited
G.Sasikumar
S.MANIKUMAR
SUBRAMANIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
