Disposed

K.T.S.Vasantha Kumar v. The District Collector

Madras HC5 Feb 2024WP/6456/2020

Case brief

AI extract

What is this about?

Writ petition challenging the erection of a cell phone tower on a terrace. Court found no evidence of lack of permission. Directed petitioner to approach the Commissioner (Avadi Corporation) for removal, promising a decision within six months following principles of natural justice. Connected petitions closed.

What did the court decide?

Petitioner directed to approach Commissioner for removal; authority to decide within six months.

K.T.S.Vasantha Kumar Vs The District Collector — Environment and Pollution | Madras HC (2024)

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WP No.6456 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2024

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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WP No.6456 of 2020

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and WMP Nos.7628 and 7629 of 2020

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K.T.S.Vasantha Kumar .. Petitioner

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-vs-

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The District Collector, Thiruvallur District, Thiruvallur.

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The Commissioner, Avadi Corporation, Avadi, Chennai-54.

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The Executive Engineer, Tamil Nadu Electricity Board, N.M.Road, Avadi, Chennai-54.

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The Deputy Commissioner of Police, Avadi Circle, Avadi, Chennai-54.

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A.T.C.Telecom Tower Corporation Pvt. Ltd., “Celestiel Point”, No.45, Damodaran Street, T.Nagar, Chennai 600 017.

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Johnson

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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The Director, (CS-III) & CPIO, Department of Telecommunications, (Carrier Services Cell-III), Sanchar Bhawan, 20, Ashoka Road, New Delhi 110 001.

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WP No.6456 of 2020

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to remove the Cell Phone Tower (with its equipments) erected on the 1^st Floor, Terrace portion of the house, bearing Door No:1/4, Thiruvallur Street, Kamarajapuram, Pattabiram, Chennai-72.

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For the Petitioner : Mr.P.Selvaraj For the Respondents : Mr.C.Kathiravan Spl. Govt. Pleader for R-1 : Mr.R.A.Gopinath for R-2 : Mr.R.Muniyappa Raj Addl. Public Prosecutor assisted by Mr.Sylvester John for R-4 : No appearance for RR 3, 5 and 6 : Mr.N.Ramesh for R-7 * * * * *

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Mr.P.Selvaraj, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondent No.1, Mr.R.A.Gopinath, learned counsel for respondent No.2, Mr.R.Muniyappa Raj, learned Additional Public Prosecutor for

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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WP No.6456 of 2020

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respondent No.4 and Mr.N.Ramesh, learned counsel for respondent No.7.

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The learned counsel for the petitioner submits that respondent No.6 has allowed erection of a cell phone tower in his house. The same is behind the lane.

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There is nothing on record to substantiate the contention that no permission was obtained before erection. No such information is placed on record.

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The petitioner claims to have approached the authority, that is, respondent No.2. The petitioner may pursue the representation with respondent No.2 and in case, such an application is filed by the petitioner, the respondent No.2 shall consider the same on its own merits and in accordance with law and policy and take a decision upon it preferably within six months from the date of communication of the order, after following principles of natural justice.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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WP No.6456 of 2020

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With this observation, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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(S.V.G., CJ.) (D.B.C., J.) 05.02.2024

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Index : Yes/No Neutral Citation : Yes/No

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sra

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The District Collector, Thiruvallur District, Thiruvallur.

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The Commissioner, Avadi Corporation, Avadi, Chennai-54.

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The Executive Engineer, Tamil Nadu Electricity Board, N.M.Road, Avadi, Chennai-54.

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The Deputy Commissioner of Police, Avadi Circle, Avadi, Chennai-54.

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The Director, (CS-III) & CPIO, Department of Telecommunications, (Carrier Services Cell-III), Sanchar Bhawan, 20, Ashoka Road, New Delhi 110 001.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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WP No.6456 of 2020

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra)

WP No.6456 of 2020

05.02.2024

Page 5 of 5

https://www.mhc.tn.gov.in/judis

K.T.S.Vasantha Kumar v. The District Collector

Case brief

What is this about?

What did the court decide?

K.T.S.Vasantha Kumar v. The District Collector

Case brief

What is this about?

What did the court decide?

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