Petitioner sought mandamus to restrain erection of a cell tower. Court held tower already erected and transmission commenced, rendering no relief possible; petition dismissed.
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W.P(MD)No.651 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.11.2021
CORAM :
THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN
W.P(MD)No.651 of 2019 and WMP(MD)Nos.551 of 2019 and 5753 of 2021
Rajangam
... Petitioner
vs.
1)The Union of India, Represented by its Secretary, Communication and Information Technology, Department of Telecommunication Engineering Centre, Khushirlal Poliavan Janpat, New Delhi-110 001.
2)The State of Tamil Nadu Represented by its Secretary to Government, Environment and Forest Department, Secretariat, Chennai-09.
3)The District Collector, Thanjavur District, Collectorate, Thanjavur.
4)The District Environmental Engineer, Thanjavur District, Thanjavur.
5)The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.
6)The Reliance JIO Telecom Ltd., A-1 Towers, No.89-91, Dr.Radha Krishnan Salai, Mylapore, Chennai-600 004. ... Respondents
Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from erecting cell phone Transmission Tower in the residential area of https://hcservices.ecourts.gov.in/hcservices/ Nanji Kottai Village and Taluk, Thanjavur District.
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W.P(MD)No.651 of 2019
For Petitioner : Mr.M.Saravanakumar For R2, R3 & R5 : Mr.P.Subbaraj, Government Advocate For R4 : M/s.Vijayakumarinatarajan For R6 : Mr.R.G.Shankar Ganesh
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J.)
The writ petition is filed for a Mandamus, forbearing the respondents from erecting cell phone Transmission Tower in the residential area of Nanji Kottai Village and Taluk, Thanjavur District.
2.On earlier occasion, this Court had directed the authorities to verify whether the cell phone tower was erected, even before the writ petition was filed.
3.The learned counsel appearing for the 6th respondent states that the erection of the tower was completed on 30.10.2018 and the actual transmission commenced on 03.01.2019 and the writ petition was filed on 08.01.2019.
4.As already tower has been erected and the transmission has been commenced, nothing survives to be decided in the writ petition. Accordingly, the Writ Petition is dismissed. If the petitioner has got any other grievance, it is open to him to approach the appropriate authorities to redress his grievance. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
bala
To
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W.P(MD)No.651 of 2019
2)The Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai-09.
3)The District Collector, Thanjavur District, Collectorate, Thanjavur.
4)The District Environmental Engineer, Thanjavur District, Thanjavur.
5)The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.
+1 CC to M/s.SPL.GP ( SR-34266[F] dated 12/11/2021 )
+1 CC to M/s.VIJAYAKUMARI NATARAJAN, Advocate ( SR-34205[F] dated 11/11/2021 )
+1 CC to M/s.R.G.SHANKAR GANESH, Advocate ( SR-34374[F] dated 12/11/2021 )
+1 CC to M/s.M. SARAVANAKUMAR, Advocate ( SR-34193[F] dated 11/11/2021 )
W.P(MD)No.651 of 2019 DATED : 11.11.2021
RK/SKN(19/11/2021) 3P 10C
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1 provisions across 1 enactments
Rajangam
Union of India
State of Tamil Nadu
District Collector, Thanjavur
District Environmental Engineer, Thanjavur
Reliance JIO Telecom Ltd.
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
