Madras High Court
Tower Vision India Private Limited vs The President on 29 July, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.19383 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.19383 of 2022
and
W.M.P.Nos.18679 and 18681 of 2022
Tower Vision India Private Limited,
Represented by its Authorized Signatory
Mr.RM.Nagappan,
AMG Tower, No.28,
Lawyer Jaganathan Street,
Alandur, Chennai - 600 016. ... Petitioner
Vs.
1.The President,
Ammani Kondalampatti First Level Panchayat,
Panamarathupatti Village Panchayat,
Salem - 636 010.
2.The District Collector,
Salem - 636 001.
3.The Principal Secretary,
The Information Technology Department,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of a Writ of Certiorarified Mandamus, to call for the records of
the first respondent in the Impugned Order/Letter dated 22.06.2022 and the
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W.P.No.19383 of 2022
consequential Impugned Reasoning Order dated 08.07.2022 issued by the
first respondent to the petitioner and quash the same and further direct the
first respondent not to prevent the petitioner from accessing their cell phone
towers.
For Petitioner : Mr.P.J.Rishikesh
For Respondents :
For R1 : Mr.K.Tippusulthan
For R2 & R3 : Mrs.C.Meera Arumugam
Additional Government Pleader
ORDER
Mr.K.Tippusulthan, learned counsel takes notice on behalf of the first respondent and Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice on behalf of the second and third respondents.
2. The petitioner has challenged the impugned notices/orders dated 22.06.2022 and 08.07.2022 issued by the first respondent.
3. It is the case of the petitioner that the petitioner is a passive infrastructure service provider. It is submitted that the petitioner has entered into a license deed with three different land owners, where the petitioner has installed towers and others infrastructures for providing services to Cell ____________ https://www.mhc.tn.gov.in/judis Page No. 2 of 7 W.P.No.19383 of 2022 Phone service providers. It is further submitted that the first respondent earlier issued the first mentioned order dated 22.06.2022 and demanded a sum of Rs.4,32,000/- as rental charges/tower license fee for three locations at Rs.12,000/- per annum for the last 12 years from 2011-2012 to 2022-2023, to which, the petitioner had replied. However, the first respondent has now passed another order dated 08.07.2022, whereby, the same demand has been confirmed however in terms of Salem District Collector's Gazette Notification bearing ROC.No.4491/2012/A4 dated 30.11.2012, notifying the Dangerous and Offensive Trade License Fees, under Sections 159 and 160 of the Tamil Nadu Panchayats Act, 1994.
4. The learned counsel for the petitioner submits that on 22.06.2022, the respondents have also come and locked the tower and thereby have created an operational problem for the petitioner as the petitioner is unable to access the site to maintain the installations in the passive infrastructures installed by the petitioner for various service providers.
5. On the other hand, the learned Additional Government Pleader for the second and third respondents submits that the impugned notices/orders ____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 7 W.P.No.19383 of 2022 are well-reasoned and requires no interference and therefore submits that the writ petition is liable to be dismissed.
6. I have considered the arguments advanced by the learned counsel for the petitioner, learned counsel for the first respondent and the learned Additional Government Pleader for the second and third respondents.
7. The facts on record clearly indicates that the impugned notices/orders dated 22.06.2022 and 08.07.2022 demand the same amount from the petitioner, though under different heads, earlier, it was demanded towards the rent payable by the petitioner later in the succeeding order towards dangerous and offensive trade license fees.
8. The impugned notices/orders have been passed without giving the petitioner an opportunity of being heard and to show the cause as to why the amount should not be demanded by the petitioner either towards the rent or towards the dangerous and offensive trade license fees in terms of Salem District Gazette Notification for the month of December 2012 in terms of notification bearing ROC.No.4491/2012/A4 dated 30.11.2012. ____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 7 W.P.No.19383 of 2022
9. As the impugned notices/orders have been passed without issuing Show Cause Notices, I am of the view that the impugned notices/orders cannot be enforced against the orders.
10. Consequently, I direct the respondents to de-seal the premises which have been sealed on 22.06.2022. The impugned notices/orders which stands quashed particularly the order dated 08.07.2022 seeking to demand license fee/rental charge of Rs.4,32,000/-, under the dangerous and offensive trade license fees shall be treated as Show Cause Notice.
11. The petitioner shall file a reply to the above Show Cause Notice within a period of thirty days from today. The respondents shall pass appropriate orders on merits and in accordance with law, within a period of thirty days thereafter.
12. Needless to state, the petitioner shall be heard before such orders are passed.
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13. This Writ Petition stands disposed of in terms of the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
29.07.2022 Index : Yes/No Speaking/Non-Speaking Order arb To
1.The President, Ammani Kondalampatti First Level Panchayat, Panamarathupatti Village Panchayat, Salem - 636 010.
2.The District Collector, Salem - 636 001.
3.The Principal Secretary, The Information Technology Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 7 W.P.No.19383 of 2022 C.SARAVANAN, J.
arb W.P.No.19383 of 2022 and W.M.P.Nos.18679 and 18681 of 2022 29.07.2022 ____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 7