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[Cites 1, Cited by 0]

Madras High Court

C.Sivasamy vs Union Of India on 7 December, 2022

Author: D.Krishnakumar

Bench: D.Krishnakumar, R.Vijayakumar

                                                                           W.P.(MD) No.13292 of 2019


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 07.12.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                       AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                             W.P.(MD)No.13292 of 2019
                                                       and
                                             W.M.P.(MD)No.9895 of 2019

                 C.Sivasamy                                              ... Petitioner
                                                       -Vs-

                 1.Union of India,
                    Rep. by its Secretary,
                    Ministry of Communication & Information Technology,
                    Electronics Niketan, No.6, CGO Complex,
                    Lodhi Road, New Delhi-110 003.


                 2.The District Collector,
                    Theni District, Theni.


                 3.The Executive Officer,
                    Poothipuram Panchayat, Theni.

                 Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                             W.P.(MD) No.13292 of 2019


                 4.The Inspector of Police,
                    Palanichettipatti Police Station,
                    Theni District.


                 5.The Managing Director,
                    Tower Vision India Ltd.,
                    L.2.A, HAUZ Khas Enclave,
                    New Delhi.


                 6.Varadharajan                                            ... Respondents


                 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
                 Writ of Mandamus, forbearing the respondents, their men, agents, from erecting
                 any cell phone tower amidst or in the vicinity of the residential area located in
                 the property comprised in Survey No.316/11 of Poothipuram Village,
                 Valayathupatti Ootkadai, Bodinaickanoor Taluk, Theni District based on the
                 petitioner's representations dated 27.12.2018 and 31.12.2018.


                                      For Petitioner    : Ms.N.Gayathri,
                                                         For Mr.G.Mathavan
                                      For R1            : Mrs.L.Victoria Gowri,
                                                         Assistant Solicitor General of India
                                      For R2 to R4      : Mr.P.Thilak Kumar, Government Pleader

                 Page 2 of 4



https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD) No.13292 of 2019


                                                           ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that the prayer sought for herein has become infructuous. Therefore, nothing survives in this Writ Petition.

2.Recording the aforesaid submission, this Writ Petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 07.12.2022 Index : Yes / No Internet : Yes / No Myr To

1.The District Collector, Theni District, Theni.

2.The Executive Officer, Poothipuram Panchayat, Theni.

3.The Inspector of Police, Palanichettipatti Police Station, Theni District.

Page 3 of 4

https://www.mhc.tn.gov.in/judis W.P.(MD) No.13292 of 2019 D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR, J.

Myr W.P.(MD)No.13292 of 2019 07.12.2022 Page 4 of 4 https://www.mhc.tn.gov.in/judis