K.Porkodi Vs the District Collector

Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus to direct the 2nd and 3rd respondents to remove the inactive Cellular Mobile Transmitting Equipment and other related Electronic Trans receiving Equipment, Diesel Electric power Generator, Tower Antenna, Installed at the 1^st floor terrace of the petitioners property bearing Plot No.1, New colony, 7th Main Road, Chrompet, chennai-600 044 by considering the representation of the petitioner dated 7.12.2024.

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For Petitioner(s): Mr.K.M.Balaji For Mr.G.Velu Respondent(s): Additional Government Pleader Mr.Leonard Arul Joseph Selvam for R4

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ORDER

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This writ petition has been filed for the issue of writ of Mandamus directing the respondents 2 and 3 to remove the inactive Cellular mobile transmitting equipment and other related Electronic trans receiving equipment and other materials that were installed in

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the first floor terrace of the petitioner's property by considering the

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

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WP No. 22831 of 2025

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representation made by the petitioner on 07.12.2024.

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Heard Mr.K.M.Balaji, learned counsel for the petitioner and Mr.G.Velu, learned Additional Government Pleader for respondents.

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The present writ petition is completely misconceived. The petitioner has permitted the tower to be erected in his property. Thereafter, the license period has expired and the grievance of the petitioner is that the respondents 5 and 6 are refusing to remove the tower. This is purely a dispute between the petitioner and the respondents 5 & 6. Therefore, if according to the petitioner, the tower is not being used and the respondents 5 and 6 are not removing the same, the petitioner has to either remove it and inform the respondents 5 and 6 or the petitioner has to go before the Civil Court and seek for the relief of mandatory injunction. The Revenue Divisional Officer and the Commissioner of Tambaram Municipality Corporation will have nothing to do with the dispute between the petitioner and the private respondents. Hence, except making the above observation, no further orders can be passed in this writ petition.

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

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WP No. 22831 of 2025

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