This court dismissed a petition seeking a writ to connect electricity for a cell tower on land the respondents claimed was temple property, accepting the temple's objection.
No costs. Connected miscellaneous petition closed.
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W.P.(MD)No.1434 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.1434 of 2016 and W.M.P.(MD)No.1190 of 2016
Reliance Jio Infocomm Ltd., Rep. by its Legal Manager, D.Kalaimani, 89, Dr.Radhakrishnan Salai, Sullivan Garden, Mylapore, Chennai – 600 004.
... Petitioner
versus
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W.P.(MD)No.1434 of 2016
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records of the respondent dated 06.02.2015 in proceedings Ka.No.E.Ne.Po/Vi/Na.Pu/Sa.Nagar/Ko.Kattu/A.No.366/201 quash the same and consequently direct the respondent to provide electricity service connection to the petitioner for erecting cell phone tower to provide broad band services on the basis of the lease agreement dated 07.10.2013 bearing document No.5095/2013.
| For Petitioner | : Mr.R.C.Shankar Ganesh |
|---|---|
| For R1 | : Mr.S.Deenadhayalan, Standing Counsel |
| For R2 | : Mr.H.Arumugam |
| For R3 | : Mr.P.Subbaraj, |
| Special Government Pleader |
ORDER
This writ petition has been filed in the year 2016 challenging the order of the first respondent dated 06.02.2015 rejecting the request of
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the petitioner for providing electricity service connection for the land in Survey No.165/3.
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that several persons have encroached the temple lands and a similar request on the said land has already been dealt with by this Court in W.P.(MD)No.13188 of 2016 and the same was dismissed by order dated 11.10.2023 and other writ petitions filed by similar encroachers for electricity service connection were also rejected by this Court and the appeals filed as against those orders have also been rejected. The learned counsel has also produced a copy of patta for the subject land which stands in the name of the Temple.
No costs. Consequently, connected miscellaneous petition is closed.
15.11.2023
ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.
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To
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B.PUGALENDHI, J.
ogy
W.P.(MD)No.1434 of 2016
15.11.2023
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1 issue framed by the court
Whether relief for electricity connection for a cell phone tower on disputed land should be granted when temple authorities object to the use of the land.
1 provisions across 1 enactments
Reliance Jio Infocomm Ltd.
Tamil Nadu Electricity Board
The Executive Officer, Arulmigu Venkatachalapathi Temple, Thimmarajapuram
The Joint Commissioner, HR&CE Department, Tirunelveli
B Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
