ORDER :

S. Manikumar, J.

1. Alleging that the 3rd respondent viz., Mrs. Krishnaveni, has entered into an agreement with M/s. American Tower Corporation of India, Chennai, the 2nd respondent herein, for building and operating a cell phone tower at her residential Plot No. 9 in Survey No. 190/2B, one Mr. N. Venkatachalam, petitioner, has filed the instant public interest writ petition to forbear the District Collector, Namakkal District, the 1st respondent from granting permission to build the proposed phone tower by the 2nd respondent in S. No. 190/2B, Plot No. 9, Vettambadi Village, Kosavampatti, Namakkal District and consequently to direct the 2nd respondent to build and operate this proposed cell phone tower to a suitable location where buildings are not concentrated or in a remote location.

2. Opposing the erection of cell phone tower, petitioner and other residents of Chettiyar Street, Veetampadi Village, seemed to have sent representations to the District Collector, Namakkal and District Superintendent of Police, Namakkal District on 22.07.2019. Said representation reads as under:

Sir,

Sub: Requesting to issue a ban order-Cell Phone tower erection in the residential area-Regarding.

We are the residents of Veetampadi Village, near Ninayagar temple in Chettiyar Street. We are having residential buildings and vacant lands. In the said Chettiyar Street, Veetampadi Village, S. No. 190/2, divided into 31 residential plots. It's all designated for residential purpose. In the said residential plots, Plot No. 9 and 10 was purchased by one Mr. Srinivasan, S/o. Nagaraju, residing at 1/171, Chettiyar Street, Kosavampatti Post, Namakkal. In this P. No. 9, a residential building was built and he is residing there, whereas, P. No. 10 remaining vacant. Around this Plot No. 10 we are about 70 families residing.

The said P. No. 10 owner made an agreement with a Cell phone Tower Company to erect a cell phone tower in the said Plot No. 10. If the Cell Phone Tower erected in the said Plot No. 10, it would cause high frequency waves, transmission through the installed antennas. If the radiation energy exceeds a certain limits it would cause dangerous health hazards to the neighbors those who are residing in the adjacent area of the proposed Cell Phone Tower. We came to know from certain Research Journals, the radiation from Cell Phone Tower likely to cause head-ache, vision defectiveness, Lungs, heard diseases and cancer etc. Those who are residing adjacent to Cell Phone Tower are also expressing their ailments. In the event of any power failure, the stand by Generator set will start automatically and will remain in service till resumption of power; during its operation in will exhaust unburnt fuel along with Carbon di-oxide and carbon monoxide which may cause environmental problems and breathing problems to the children as well as to very elderly people. Within 4 km radius of a Cell Phone Tower, the chances of affecting the children by Leukemia a type of cancer would be high. In addition, if there is any 'Vis major' the resultant damage to the people and buildings would be quite high. Further, in order to erect a Cell Phone Tower a 20 feet deeper excavation would be carried out which is likely to cause some damage to the adjacent buildings.

Hence we all informed to the P. No. 10 owner not to erect this Cell Phone Tower in the said area but all resulted in vein, more over he become very adamant and he informed us that he is not ready to listen any of us. With the help of JCB equipments Cell Phone Tower erection work commenced, but with the intervention of elderly people the work suspended. The P. 10 owner threatened us that he would commence the work with the help of police.

We all requesting you to take some concrete steps and stop building this Cell Phone Tower in this site and ensure safe and healthy life to us."

3. As there was no response, pet