Madras High Court
A.V.Sekar vs Union Of India on 5 February, 2019
Bench: S.Manikumar, Subramonium Prasad
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 5/2/2019
CORAM
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.2362 of 2019
A.V.Sekar ... Petitioner
Vs
1. Union of India
rep. By its Principal Secretary
Department of Telecommunications
Ministry of Communications
Sanchar Bhawan
No.20 Ashoka Road
New Delhi 110 001.
2. The Director
Public Grievances Wing
Department of Telecommunication
Room No.607 Mahanagar
Doorsanchar Bhawan
Old Minto Road
Jawaharlal Nehru Marg
New Delhi 110 002.
3. State of Tamil Nadu
rep. By its Secretary
Department of Information Technology
Secretariat, Fort St. George
Chennai 600 009.
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4. State of Tamil Nadu
rep. By its Secretary
Department of Environment and Pollution Control
Secretariat, Fort St. George
Chennai 600 009.
5. The Director
Tamil Nadu Pollution Control Board
No.26 Mount Road
Guindy
Chennai 600 032.
6. The District Collector
District Collector Office
Kanchipuram.
7. The Commissioner
Anagaputhur Municipality
Anagaputhur
Chennai 600 070.
8. Reliance Jio Infocomm Ltd
rep. By its Manager
No.120 Prestige Palladium Bayan
Greams Road
Thousand Lights
Chennai 600 006.
9. Perumal ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of mandamus to direct the respondents to forbear the
eighth and ninth respondents from installing the Jio Cell Phone towers in
petitioner's area by considering the petitioner's representation dated
10/1/2019 preferred before the respondents in accordance with law.
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For petitioner ... Mr.R.M.Santharam
For respondents ... Mr.E.Manoharan
Additional Government Pleader
for R.R.3, 4 and 6
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ORDER
(Order of the Court was made by S.Manikumar, J) Instant writ petition has been filed to direct the respondents to forbear the eighth and ninth respondents from installing the Jio Cell Phone towers in petitioner's area by considering the petitioner's representation dated 10/1/2019 preferred before the respondents in accordance with law.
2. Contending inter alia that emission of rays from the cell phone tower would affect the children, women and old age persons, the petitioner seemed to have sent a representation, dated 6/12/2018, to the sixth and seventh respondents to forbear the eighth and ninth respondents from installing the JIO tower. Since the same has not been considered, again, the petitioner had sent a representation, dated 10/1/2019, to the Union of India, Department of Tele Communications, Ministry of Communications, New Delhi and a copy marked to the respondents to stop the alleged illegal erection of Jio Cell Tower. Further contending that his representation has not been responded, instant writ petition has been filed for the relief stated supra.
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3. Mr.E.Manoharan, learned Additional Government Pleader, who takes notice on behalf of respondents 3, 4 and 6, has consented for the disposal of the writ petition, at the admission stage itself. Thus, on consensus, instant writ petition is disposed of, as hereunder.
4. Material on record discloses that persons residing in Anangaputhur, have submitted representations, objecting to the erection of cell phone tower.
Translated version of the representation dated 10/1/2019, is as follows:
Sir, Sub: Forbearing the process from installing the Jio Cell phone towers in my area – Reg.
I state that I am residing at above mentioned address. I am working as Auto Driver and earning for livelihood. Meanwhile, I am rendering social service by charging as a coordinator of Aam Aadmi party, which is situated at No.168/4, pammal main road, Terrace of Adayar Bakery, krishna Nagar, pammal, Chennai 600 075. I state that I am making awareness to general public regarding cell phone radiations. In my area more than 5000 houses are constructed and residing congest for more than 25000 people are living in high density. Most of the persons are children and women in my area. There is two more cell phone towers http://www.judis.nic.in 5 (Base station antenna) already installed in my area by the cell phone companies. Therefore, our area children, women and old age persons are affected by radiation through Electro Magnetic Field (EMF) and it caused some diseases to general public.
I state that in these circumstances that on 6/12/2018, the labours of the Reliance Jio Infocomm Ltd., are preparing to install cell phone tower (Jio network) on the roof of the building owned by one Perumal situated at very near to my house, already three towers were installed in my area and also caused many diseases to the general public by radiation. Therefore, myself and other 100 more persons who are residing in my area questioned and prevented them to install cell phone tower, therefore, the Reliance Jio Infocomm Ltd labours are stopped their work temporarily and left from the place. But the Reliance Jio Infocomm Ltd labours informed us that they are having valid license from the Government, therefore, we could not able to stop the labours from the installing the said tower again, and therefore, the Reliance Jio Infocomm Ltd labours will come during the month of January 2019 for continuing this work as per license and they shall install the tower on that place with influence of the government officials. Therefore, on 6/12/2018, I made a representation to the District Collector, Kanchipuram and the Commissioner of Anagaputhur Municipality and other higher officials to forbear the Reliance Jio Infocomm Ltd., labours from installing the said tower, but the same was not considered.
I state that subsequently on 10/1/2019, the Reliance Jio Infocomm Ltd labours are continuing their work to install cell http://www.judis.nic.in 6 phone tower with the help of Government officials, therefore, myself and other persons who all are residing in my area could not able to refrain them.
I state that the Reliance Jio Infocomm Ltd could not follow the guidelines and government policies framed by the Union of India and got license to install the cell phone tower illegally. The Reliance Jio Infocomm Ltd., curtailed the right to life and personal liberty of the General public by installing cell phone towers in my area and also caused pollution to the environment.
Therefore, your goodself may be pleased to initiate necessary action to forbear the Reliance Jio Infocomm Ltd and the said Perumal from installing the Jio Cell Phone towers in my area situated at Plot No.12, Rajaji Street, Thirunagar main road, Anagaputhur, Chennai 600 070.
5. In W.P.No.23411 of 2018, petitioner therein, sought for a writ of prohibition, prohibiting the respondents, therein, from erecting cell phone tower and sought for a direction on the basis of the representation sent to the respondents therein.
6. When W.P.No.23411 of 2018, came up for admission, attention of this Court was brought to a decision of a Hon'ble Division Bench of this Court in W.P.No.3006 of 2008 dated 19.02.2018. Following the orders made in the said writ petition, W.P.No.23411 of 2018 was disposed of on 07.09.2018, as http://www.judis.nic.in 7 hereunder.
"3. When the matter came up for admission, attention of this Court was invited to an order made by a Hon'ble Division Bench of this Court in W.P.No.3006 of 2018, dated 19.02.2018 [P.Balasubramaniam Vs. The District Collector, Namakkal District and others], by which, a similar writ petition, opposing commissioning of high rise cellular phone transmission towers, was considered and disposed of, as hereunder.
5. It is not for this Court exercising its extraordinary writ jurisdiction to assess the health hazards of erection and/or commission of high rise Mobile Phone Towers in residential areas or elsewhere. The exercise of study of health hazards, if any, of erection of Cellular Phone Transmission Towers has to be done by the Health Department of the Union of India and the Government of Tamil Nadu and based on such study, measures may have to be taken. This Court neither has the expertise, nor the technical knowledge to asses the effects and/or ill-effects of the radiation, if any, caused by the installation of Cellular Phone Transmission Towers.
6. It is believed that not only erection of towers, but even excessive use of mobile phones has its own hazards. However, mobile phones seem to have become a part of life, where http://www.judis.nic.in 8 parents who can afford mobile phones, even provide children with mobile phones so that they can keep track of the children. Mobile phones are used by persons of every strata of society. Regretfully, we cannot but comment on our own inability to strictly enforce switching off of mobile phones even in the Court rooms and Court proceedings are often disturbed by ringing mobile phones. In these circumstances, we are not sure whether an order by the Court prohibiting erection of Mobile Phone Towers can be considered to be an order in public interest, though personally we may feel that restriction in use of mobile phones is imperative for reasons of health, reasons of concentration and may be even social and family harmony.
7. A similar writ petition was moved by Dr.K.R.Ramaswamy @ Traffic Ramaswamy being W.P.No.24967 of 2008, where an order dated 05.03.2015 was passed by the then Hon'ble Chief Justice Sanjay Kishan Kaul and Hon'ble Mr.Justice M.M.Sundresh as under:
“10. We are, thus, of the view view that in a judicial proceeding these aspects cannot be analysed. There being no materials atleast as on date, which can finally suggest any health hazards from these towers and the http://www.judis.nic.in 9 solution thereof, the Court would not venture into unchartered territory of technical expertise to determine the area where it should be installed. The Court, at best can place this matter before the appropriate committee to look into this matter which the Kerala High Court already did and we have the benefit of the conclusion arrived at in those proceedings, as noticed above.
11. We are of the view that no further directions are required in these matters, other than to say that the concerned authorities would continue to analyse the materials as and when it emerges to look into the concern raised by the petitioner, especially, in view of the fact that there is no final view as yet on these aspects. Science grows and evolves and one does not know what may happen tomorrow. It is, in this context, we have made these observations.”
8. As a Bench of co-ordinate strength, we are bound by the aforesaid verdict dated 05.3.2015 in the public interest litigation initiated by Dr.K.R.Ramaswamy @ Traffic Ramaswamy.
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9. We expect the concerned Health Ministries to conduct necessary studies in this regard and to take such measures as may be deemed appropriate upon such studies.
10. Needless to mention that Cellular Phone Transmission Towers can only be erected on obtaining of requisite permissions and approvals as per law.
The writ petition is disposed of. No costs. Consequently, WMP.No.3672 of 2018 is closed."
4. Following the order made in WP.No.3006 of 2018, dated 19.02.2018, instant writ petition is disposed of, on the same terms. No Costs. Consequently, the connected writ miscellaneous petition is closed."
7. Instant W.P.No.2362 of 2019, is disposed of on the same terms, as in W.P.No.3006 of 2018 dated 19/2/2018. No costs.
(S.M.K.,J) (S.P.,J) 5th February 2019 mvs.
Index: Yes/No Internet: yes/No http://www.judis.nic.in 11 To
1. The Principal Secretary Union of India Department of Telecommunications Ministry of Communications Sanchar Bhawan No.20 Ashoka Road New Delhi 110 001.
2. The Director Public Grievances Wing Department of Telecommunication Room No.607 Mahanagar Doorsanchar Bhawan Old Minto Road Jawaharlal Nehru Marg New Delhi 110 002.
3. The Secretary State of Tamil Nadu Department of Information Technology Secretariat, Fort St. George Chennai 600 009.
4. The Secretary State of Tamil Nadu Department of Environment and Pollution Control Secretariat, Fort St. George Chennai 600 009.
5. The Director Tamil Nadu Pollution Control Board No.26 Mount Road Guindy Chennai 600 032.
6. The District Collector District Collector Office Kanchipuram.
7. The Commissioner Anagaputhur Municipality Anagaputhur Chennai 600 070.
http://www.judis.nic.in 12 S.MANIKUMAR,J AND SUBRAMONIUM PRASAD,J mvs.
Writ Petition No.2362 of 20195/2/2019 http://www.judis.nic.in