Madras High Court
A.V.Karthikeyan vs The District Collector on 3 April, 2025
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.6376 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.6376 of 2021
A.V.Karthikeyan,
...Petitioner
-Vs-
1. The District Collector,
Tiruppur District,
Tiruppur.
2. The Commissioner,
Tiruppur City Municipal Corporation,
Mangalam Road,
Tiruppur-641604.
3. M/s. Indus Towers Limited,
Office at 5(NP), ESPEE, IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal,
Chennai 600 097.
4. G.Venkatesan
...Respondents
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 05:09:24 pm )
W.P.No.6376 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Mandamus,
directing the 1st and 2nd Respondents to consider and pass orders on the
representation and objection of the petitioner dated 10.02.2021 and further
direct the 1st and 2nd Respondents not to grant any clearance to the 3rd
Respondent to erect/install transmission mobile towers in survey
No.193/1A1A of Nallur Village, Tiruppur District.
For Petitioner : Mr.S.Arjun
For Respondents : Mr.R.L.Karthika
Government Advocate for R1
M/s.P.Shanthi,
Senior Counsel for R2
M/s.S.Anil Sandeep
for R3
ORDER
This writ petition has been filed seeking to direct the 1st and 2nd Respondents to consider and pass orders on the representation and objection of the petitioner dated 10.02.2021 and further direct the 1st and 2nd Respondents not to grant any clearance to the 3rd Respondent to erect/install transmission mobile towers in survey No.193/1A1A of Nallur Village, 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 05:09:24 pm ) W.P.No.6376 of 2021 Tiruppur District.
2.The learned counsel appearing for the petitioner submits that The 4th respondent entered into an agreement with M/s. Indus Towers Limited (3rd respondent) to install a mobile phone tower with six antennas and related telecom equipment on his land in Nallur Village, Tirupur District. He further submits that the tower is being erected 3–4 meters from the petitioner's house, with a High Tension (HT) electric line running parallel to it within a 3-meter distance. This poses a safety hazard, especially during natural calamities like cyclones or high winds, which may cause the tower to collapse onto the HT line, endangering the petitioner and his family.
3.The learned counsel for the petitioner further submits that as per the Department of Telecommunications (DOT) guidelines, a tower with six antennas must be at least 55 meters away from the nearest building. This guideline has not been followed. The petitioner raised an objection on 10.02.2021, requesting the 1st and 2nd respondents to deny clearance for the 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 05:09:24 pm ) W.P.No.6376 of 2021 tower. Despite receiving the objection on 12.02.2021 and 15.02.2021, no action has been taken till date.
4.Learned counsel appearing for the 3rd respondent submitted that pending the writ petition, he has obtained the license vide order dated 14.11.2022 from the 1st respondent/The District Collector, Tirupur District and the tower is functioning from that day onwards to till date. Hence, nothing survives in this writ petition.
5.Heard both sides and perused the materials available on record.
6. Considering the submission made by the counsel on either side, nothing survives in this writ petition for further adjudication. Hence, the writ petition stands closed. No costs.
03.04.2025 vsn Index : Yes / No Speaking / Non-Speaking Order 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 05:09:24 pm ) W.P.No.6376 of 2021 To
1. The District Collector, Tiruppur District, Tiruppur.
2. The Commissioner, Tiruppur City Municipal Corporation, Mangalam Road, Tiruppur-641604.
3. M/s. Indus Towers Limited, Office at 5(NP), ESPEE, IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai 600 097.
5/6https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 05:09:24 pm ) W.P.No.6376 of 2021 J.SATHYA NARAYANA PRASAD, J.
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