Petitioner sought writ for police protection to erect a cell phone tower, opposed by locals citing health hazards. Court closed the petition as a pending representation was received.
Writ petition closed; protection to be considered based on a recent representation.
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W.P.(MD)No.507 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2020 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No.507 of 2020
Sri Arumuga Nainar Saiva Marabinar Mahamai Pothusangam, Rep. by its President, V.Sankara Narayanan @ Nana, No.97, Kilavadi Kovil Street, Sankarankovil-627 756, Tenkasi Distrtict. ... Petitioner Vs.
The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to give necessary police protection to the petitioner to carry out the erection of cell phone Tower in petitioners' land at Survey No.12, Aathi Sankara Vinayagar Street, Sankarankovil, Tenkasi District.
For Petitioner : Mr.N.Sankar Ganesh For Respondent : Mrs.S.Bharathi Government Advocate(Crl.Side)
O R D E R
The petitioner has come forward with this writ petition seeking for issuance of a Writ of Mandamus directing the respondent to give necessary police protection to the petitioner to carry out the erection of cell phone Tower in the petitioner's land at Survey No.12, Aathi Sankara Vinayagar Street, Sankarankovil, Tenkasi District.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents 1 and 2.
3.The learned counsel for the petitioner would submit that the petitioner association is having 25 cents of land situated in Aathi Sankara Vinayagar Kovil Street, Sankarankovil and being managed by the petitioner's association. He would further submit that the petitioner's association have intended to lease out the land measuring 400 Sq.ft to Airtel Limited for erection of Mobile Phone Tower and accordingly, they have entered into an agreement
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W.P.(MD)No.507 of 2020
with the said company's tower erection unit called 'Indus Towers Limited'. He would further submit that the said Indus Towers Limited has started their erection work by digging the earth on the petitioner's premises and some local people who are residing in a particular area, which is totally for away from the erection site has objected and prevented the petitioner's association and the erection unit from commissioning the project citing illogical and unscientific health hazards according to their imagination. Hence, the petitioner has sought for necessary police protection to carryout the erection of cell phone Tower in petitioner's land at S.No.12, Aathi Sankara Vinayagar Kovil Street, Sankarankovil.
4.When the matter is taken up for hearing today, the learned Government Advocate (Crl. side) would submit that the petitioner's association have very recently given a representaiton to the respondent on 31.01.2020. She would further submit that the said representation will be suitably considered and if necessary, protection will be given to the petitioner's association.
5.Recording the aforesaid submission, this Writ Petition stands closed. No costs.
Sd/-
Assistant Registrar
// True Copy //
/ /2020 Sub Assistant Registrar(CS )
sji
To
The Inspector of Police,
Sankarankovil Town Police Station, Tenkasi District.
+1 CC to Mr.N.SHANKAR GANESH, Advocate (SR-5529[F] dated 11/02/2020 )
W.P.(MD)No.507 of 2020 10.02.2020
MK (26.02.2020) 2P 3C
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1 provisions across 1 enactments
Sri Arumuga Nainar Saiva Marabinar Mahamai Pothusangam
The Inspector of Police, Sankarankovil Town Police Station
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
