IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 14451 OF 2020 (GM-RES)

BETWEEN:

1. MR. PRADEEP KUMAR AGED 35 YEARS, S/O SANJEEVA KOTIAN, R/AT LAKSHMI PRASAD, PADUKONAJE VILLAGE AND POST, SHIRTADI, D K DISTRICT-574227 …PETITIONER (BY SRI.P.P.HEGDE, SENIOR ADVOCATE FOR SMT.SHARADI S SHETTY.,ADVOCATE)

AND:

1. STATE OF KARNATAKA BY PANCHAYAT RAJ AND RURAL DEVELOPMENT Digitally signed by DEPARTMENT, ARUNKUMAR M S REPRESENTED BY ITS SECRETARY, Location: HIGH COURT OF M S BUILDING, 3RD FLOOR, KARNATAKA BENGALURU-560001

2. SHIRTHDAY GRAMA PANCHAYAT REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER, MOODBIDRI TALUK, DAKSHINA KANNADA DISTRICT-574227

3. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REPRESENTED BY ITS EXECUTIVE ENGINEER, MULKI-BELTHANGADY HIGHWAY, JYOTHI NAGAR, MOODBIDRI-574227

4. INSPECTOR OF POLICE MOODBIDRI POLICE STATION, MULKI-BELTHANGADY HIGHWAY, MOODBIDRI-574227

5. COMMISSIONER OF POLICE NEAR POLICE TRAINING SCHOOL, PANDESHWAR, MANGALURU-575001

6. DEPUTY COMMISSIONER BUNDER, MANGALURU-575001

7. INDUS TOWER LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, CIRCLE OFFICE NO.12, SUBRAMANYA ARCADE TOWER D, 7TH FLOOR, BANNERGHATTA ROAD, BENGALURU-560029 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R1, R4 TO R6, SRI.K.CHANDRANATHA ARIGA, ADVO FOR R2, SRI.B.J.ROHITH GOWDA, ADVO FOR R7, R3-SERVED)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT RESPONDENTS TO IMMEDIATELY REMOVE THE UNAUTHORIZEDLY AND ILLEGAL CONSTRUCTED TOWER BY R-

7 SET UP IN SY.NO.125/1 OF PADUKONAJE VILLAGE, MOODBIDRI TALUK AND ETC.

THIS PETITION, COMING ON FOR 'PRELIMINARY HEARING IN B GROUP', THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

The petitioner is before this Court seeking for the following reliefs:

"WHEREFORE it is prayed that this Hon'ble Court be pleased to i) Issue a writ in the nature of Mandamus or any other appropriate writs or directions, directing respondents to immediately remove the unauthorizedly and illegally constructed tower by respondent no.7 set up in survey no.125/1 of Padukonaje Village, Moodbidri Taluk:

ii) Issue a writ of Mandamus directing respondent nos. I to 6 to take action against respondent no.7 for unauthorized construction/ installation of mobile tower in survey no. 125/1 of Padukonaje Village, Moodbidri Taluk;

iii) Pass suitable orders to take action against respondent no.4 for having given police aid to respondent no.7 in installation of the mobile tower at in survey no.125/1 of Padukonaje Village, Moodbidri Taluk;

iv) Direct the respondents to pay suitable compensation for the loss and sufferings for violation of fundamental rights of the Petitioner in the illegal installation of the mobile tower at survey no. 125/1 of Padukonaje Village, Moodbidri Taluk;

v) Direct respondent no.3 to cancel the power supply to mobile tower set up by respondent no. 7 in survey no. 125/1 of Padukonaje Village, Moodbidri Taluk:

vi) Grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice.

2. Heard Sri.P.P.Hegde, learned Senior Counsel appearing on behalf of Sharadi S.Shetty, for petitioner, Sri.Mahantesh Shettar, learned Additional Government Advocate for respondent Nos.1, 4 to 6, Sri.K.Chandrakanth Ariga, learned counsel for respondent No.2 and Sri.B.J.Rohith Gowda, learned counsel appearing for respondent No.7.

3. It is submitted by the learned Senior Counsel appearing for the petitioner that the installation of the mobile tower has been forcibly implanted next to the property belonging to the petitioner and same has caused nuisance to the petitioner and affects the health of the petitioner and accordingly, it is submitted by the learned Senior Counsel appearing for the petitioner by referring to the photographs mentioned at Annexure-H to the petition that an appropriate direction b