This petition sought a mandamus to stop respondents from installing a cell phone tower based on a representation by the petitioner. The High Court dismissed the petition, noting the lack of scientific evidence to substantiate the petitioner's health claims.
Writ of Mandamus to direct respondents to forbear installing a cell phone tower was refused.
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.
W.P.(MD)No.10031 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
W.P.(MD)No.10031 of 2023
and
W.M.P(MD) No.8796 of 2023
Ravi
... Petitioner
-vs-
Page 1 of 5
W.P.(MD)No.10031 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to forbear the respondents 7 and 8 from installing Cell Phone Tower or constructing Base Trans receiver station in S.No. 217/10B situated Kurunthirakottai Village, Rajenthirapuram Revenue Village, Aranthangi Taluk, Pudukkottai District by considering the petitioner's representation dated 08.04.2023.
For Petitioner : Mr.R.Paranjothi
For R1 : Mr.K.Sankararaman Central Government Standing Counsel For R2 - R7 : Mr.P.Thilakkumar Government Pleader
ORDER
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE]
With the consent of the parties, the writ petition itself is
taken up for final disposal.
issuance of a Writ of Mandamus, to direct the respondents 1 to 6 to forbear the respondents 7 and 8 from installing Cell Phone
Page 2 of 5
W.P.(MD)No.10031 of 2023
Tower or constructing Base Trans receiver station in Survey No. 217/10B at Kurunthirakottai Village, Rajenthirapuram Revenue Village, Aranthangi Taluk, Pudukkottai District, on the basis of his representation, dated 08.04.2023.
writ petition for calling upon this Court to issue a mandamus to the respondents to forbear the erection of cell phone tower in the above said village. There is no scientific evidence produced by the petitioner to substantiate his claim in the writ petition.
costs. Consequently, connected miscellaneous petition is closed.
[T.R., A.C.J.] [R.S.M., J.] 26.04.2023
NCC : No Index : No Internet: Yes PKN
Page 3 of 5
W.P.(MD)No.10031 of 2023
To
Page 4 of 5
W.P.(MD)No.10031 of 2023
THE HON'BLE ACTING CHIEF JUSTICE and R.SUBRAMANIAN, J.
PKN
ORDER MADE IN W.P.(MD)No.10031 of 2023
26.04.2023
Page 5 of 5 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the Court can issue a writ of mandamus to prevent the erection of a cell phone tower in the absence of scientific evidence.
1 provisions across 1 enactments
Ravi
The Secretary, Ministry of Tele Communications, Government of India
The Secretary, Department of Information Technology, Government of Tamil Nadu
The District Collector, Pudukkottai District
The Superintendent of Police, Pudukkottai District
The Block Development Officer, Aranthangi Taluk
R.RAJA
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
