BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.25583 of 2023 and W.M.P(MD)No.21771 of 2023 P.Rajaram ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Office of the Tahsildar, Thirumangalam Taluk, Madurai District.

4.The General Manager, BSNL No.78, Purasawalkam High Road, Chennai – 603 109.

5.The General Manager, BSNL, O/o.the General Manager, Rathinasamy Nadar Road, Bibikulam, Madurai District.

6.The Inspector of Police, Taluk Police Station, Thirumangalam Taluk, Madurai District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, restraining the respondents in any way erecting a mobile phone tower in S.No. 183 of Sathankudi 2 bit village of Thirumangulam which cart track Vandi Pathai by considering the representation of the petitioner dated 17.09.2023.

For Petitioner : Mr.P.Saravanakumar for Mr.S.Ramsundarvijayraj For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 Mr.D.Shanmugaraja Sethupathi for R.4 & R.5 Mr.A.Albert James Government Advocate for R.6

ORDER

Heard both sides.

2.The petitioner wants this Court to restrain BSNL from erecting their mobile phone tower in S.No.183, Sathankudi 2 bit Village, Thirumangalam Taluk. According to the petitioner, it is a cart track and that therefore, the mobile phone tower cannot be permitted to be erected thereon.

3.When the matter was taken up for hearing, a direction was issued to the jurisdictional Tahsildar to conduct survey and he also filed a sketch before this Court. It is seen that Survey No.183 has been classified as cart track and that the petitioner is owning his lands comprised in Survey No.184/1B. The cart track is 177.2 meters long and the width is 40 meters. It has been demonstrated before me that even after the mobile phone tower is erected, the petitioner can very well access his lands without any difficulty. The rights of the petitioner have not been infringed in any manner. The District Collector has issued proceedings for re-classification of the lands. BSNL is a Government of India undertaking. I am more than satisfied that the petitioner's rights have not been taken away. There is no need for interference. The sketch prepared by the Sub Inspector of Survey, Thirumangalam Taluk Office shall form part of the order.

4.This writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

01.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No SKM To

1.The District Collector, Office of the District Collector, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Office of the Tahsildar, Thirumangalam Taluk, Madurai District.

4.The General Manager, BSNL No.78, Purasawalkam High Road, Chennai – 603 109.

5.The General Manager, BSNL, O/o.the General Manager, Rathinasamy Nadar Road, Bibikulam, Madurai District.

6.The Inspector of Police, Taluk Police Station, Thirumangalam Taluk, Madurai District.

G.R.SWAMINATHAN, J.

SKM and W.M.P(MD)No.21771 of 2023

01.11.2023