BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2022 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.11683 of 2019 W.M.P.(MD) No.8887 of 2019 S.Balakrishnan ... Petitioner Vs.

1.Union of India, Rep. by its Secretary, Ministry of Communication & Information Technology, Electronics Niketan, No.6, CGO Complex, Lodhi Road, New Delhi – 110 003.

2.The District Collector, Madurai District, Madurai.

3.The Executive Officer, Peraiyur Town Panchayat, Peraiyur, Madurai District.

4.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

5.The Managing Director, Reliance JIO Infocomm Ltd., No.120, Prestige Palladium Bayan, Greams Roads, Thousand Lights, Chennai – 600 006. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents, their men, agents, from erecting any cell phone tower amidst or in the vicinity of the residential area located in the property comprised in Survey No.122/3 situated at Rahmath Nagar, Peraiyur Town.

For Petitioner : No appearance For 1^st Respondent : Mr.P.Subbiah Central Government Standing Counsel For Respondents 2 and 4 : Mr.S.Shanmugavel Additional Government Pleader For 3^rd Respondent : Mr.J.Gunaseelan Muthiah * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.

The petitioner has come forward with this writ petition praying to issue a writ of mandamus, forbearing the Respondents, their men, agents, from erecting any cell phone tower amidst or in the vicinity of the residential area located in the property comprised in Survey No.122/3 situated at Rahmath Nagar, Peraiyur Town.

2. There is no representation on behalf of the petitioner. It is represented on behalf of the respondents that the proposal for erection of cellphone tower itself was dropped. 3. Recording the same, the Writ Petition is closed.

No costs. Consequently, connected W.M.P. is closed.

[R.M.D., J.] [J.S.N.P., J.]

13.09.2022 Internet : Yes / No Index : Yes / No sj To

1.The Secretary, Ministry of Communication & Information Technology, Union of India, Electronics Niketan, No.6, CGO Complex, Lodhi Road, New Delhi – 110 003.

2.The District Collector, Madurai District, Madurai.

3.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J .

sj W.P(MD)No.11683 of 2019

13.09.2022 R.MAHADEVAN , J .

and J.SATHYA NARAYANA PRASAD , J .

This matter has been listed today under the caption “for being mentioned” at the instance of the learned counsel appearing for the petitioner.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that though he was appeared and argued before this Court on 13.09.2022, in the order passed by this Court in W.P.(MD)No.11683 of 2019, dated 13.09.2022, inadvertently, his appearance was not marked and hence, prays for appropriate orders.

3. The learned counsel appearing for the fifth respondent submitted that his appearance was also not marked in the aforesaid order.

4. In view of the above, the name of “Mr.S.Sadeskumar” to be marked on behalf of petitioner and the name of “Mr.R.G.Shankar Ganesh” to be marked on behalf of the fifth respondent. In paragraph 2, the words “There is no representation on behalf of the petitioner,” shall be deleted.

5. Registry is directed to carry out necessary correction and issue fresh order copy to the parties concerned.

[R.M.D., J.] [J.S.N.P., J.]

vsm 18.11.2022 R.MAHADEVAN , J .

and J.SATHYA NARAYANA PRASAD , J .

vsm W.P.(MD) No.11683 of 2019

18.11.2022