IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2022

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH

W.P.No.6036 of 2022 &

WMP.No.6124 of 2022

P.Selvarani

... Petitioner

Vs

1 The District Collector,

Mayiladuthurai District, Mayiladuthuri.

2 The Distict Superintendent of Police,

Mayiladuthurai District, Mayiladuthuri.

3 The District Environmental Engineer,

The tamil Nadu Pollution Control Board,

Nagapattinam Distirct

4 The Executive officer,

Selection Grade Town Panchayat Kuthalam

Mayiladuthurai District

5 The Tahsildar

Kuthalam Mayiladuthurai distirct

6 The State Human Right Commissioner,

Greams Road Adyar chennai 28

7 M/s. Ascend Telecom Infrastucture private Limited

Rep by its Authorized signatory

Mr. Tamilselvan Old No 32 New No.54,

Butt Road St. Thomas Mount Near Kathipara

Junction chennai – 600 016.

8 Azagesan

9 Kumaresan

... Respondents

https://hcservices.ecourts.gov.in/hcservices/

PRAYER :- Writ Petition filed under Article 226 of the

Constitution of India, praying for the issuance of a Writ of

Mandamus forbearing the 7th respondent from erecting the

installing the Cell Tower on the site property being portion of

the land 1200 Square feet out of 523 Sq. meter situated at Old

Survey No. 125 New Survey No. 744 / 6 2nd Cross street pudhu

Naga Kuthalam Nagapattinam 609 801.

For Petitioner : Mr.U.Kathiravan

For Respondents : Mr.Sundaram

Government Advocate – R1 to R5

O R D E R

Mr.Sundaram, learned Government Advocate accepts notice

for R1 to R5 and is armed with instructions to proceed with the

matter finally. Hence, by consent of both learned counsel, this

Writ Petition is disposed finally even at the stage of admission.

2.The petitioner, a resident of No.50, 2^nd cross street,

Pudhu Nagar, Kuthalam, Nagapattinam – 609 801 objects to the

erection and installation of a transmission tower being erected

by the 7^th respondent, Ascent Telecom Infrastructure Company.

3.The proposed site of the tower is in a portion of the

land at Second Cross Street, Pudhu Nagar, Kuthalam and admeasures

523 sq.m. She also alleges that a structural stability

certificate of the property and the tower has not been obtained

as per the advisory guidelines issued by the Department of

Telecommunication and State Governments.

4. That apart, she would also allege that the land in

question is narrow and will not be able to bear the weight of the

cell phone tower and as a result, there would be a possibility of

adjoining buildings being affected detrimentally. She also points

to the area being mixed in nature, including schools, commercial

and residential buildings.

5. In all, the apprehension appears to be of great

prejudice caused to the neighbourhood, if the cell phone tower

were, God forbid, to collapse. She has filed a complaint and made

representations before various authorities, arrayed as

respondents to this Writ Petition, which have not received the

favour of response thereto.

https://hcservices.ecourts.gov.in/hcservices/

6. In addition, she alleges that the radiation from the

cell phone tower would cause various illnesses and health hazards

by virtue of the exposure to such radiation. The last of the

objections is not relevant any further, in view of a series of

decisions of this as well as other Courts, rendered after having

examined the reports of various expert bodies constituted to

study the effects of radiation upon society and its constituents.

7. The First Bench of this Court in a batch of matters in

K.R.Ramaswamy @ Traffic Ramaswamy V. The Secretary, Department of

Telecommunications (W.P.No.24976 of 2008 and batch dated

05.03.2015) considered this very issue in extenso in a Public

Interest Litigation that prayed for framing of proper rules and

regulations to cater to the erection of cell phone towers taki