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2023 Supreme(Online)(Mad) 102054
MADRAS HIGH COURT
S.P.Kulandaivel – Appellant
Versus
The District Collector – Respondent
WP/31559/2022
The installation of mobile phone towers cannot be prevented on the basis of mere apprehension about the effects of radiation, as such apprehension lacks scientific backing.
Headnote:
MOBILE TOWER - INSTALLATION - PERMISSION - [The court dismissed a writ petition challenging the grant of permission to install a mobile phone tower, holding that the petitioner's apprehension about the effects of radiation from the tower lacked scientific backing and that the permission was granted in accordance with the relevant government order.]
Fact of the Case:
The petitioner, a resident of Jothampatti Village, challenged the grant of permission to the eighth respondent to install and operate a mobile phone tower in the village. The petitioner contended that the installation of the tower would pose health risks to the residents due to radiation and that the permission was granted without obtaining the necessary clearances.
Finding of the Court:
The court found that the permission to install the tower was granted in accordance with the Tamil Nadu Telecom Infrastructure Policy and that the petitioner's apprehension about the effects of radiation from the tower lacked scientific backing. The court also noted that the petitioner had been given liberty to file a writ petition if the work for the erection of the tower commenced in violation of the norms or without permission from the competent authority, but that the petitioner had not shown any such violation.
Issues: 1. Whether the grant of permission to install the mobile phone tower was arbitrary and unreasonable.2. Whether the petitioner's apprehension about the effects of radiation from the tower had a scientific basis.
Ratio Decidendi: 1. The court held that the grant of permission to install the mobile phone tower was not arbitrary and unreasonable as it was granted in accordance with the relevant government order.2. The court held that the petitioner's apprehension about the effects of radiation from the tower lacked scientific backing and could not be used to prevent the installation of the tower.
Final Decision: The court dismissed the writ petition.
W.P.No.31559 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.31559 of 2022
S.P.Kulandaivel
..
Petitioner
Vs.
1. The District Collector
Tiruppur
Tiruppur District.
2. The Revenue Divisional Officer
Udumalpet
Tiruppur District.
3. The Assistant Director (Panchayat)
Tiruppur
Tiruppur District.
4. The Superintendent of Police
Tiruppur
Tiruppur District.
5. The Tahsildar
Madathukulam
Tiruppur District.
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W.P.No.31559 of 2022
6. The Block Development Officer
Madathukulam
Tiruppur District.
7. The President
Jothampatti Village Panchayat
Tiruppur District.
8. The Manager
M/s. Indus Tower Limited
NP-5, Jawaharlal Nehru Road
Espee IT Park
5th Floor, Ekkathuthangal
Chennai.
9. Sivasubramaniam
..
Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for a writ of Certiorarified Mandamus to call for the records of
order dated 08.05.2022 vide proceedings in Reference
No.4138/2022/C5 on the file of first respondent and quash the same
and forbear the respondents from erection of mobile tower in the land
comprised in S.No.207/1A situated at Jothampatti Village,
Madathukulam Taluk, Tiruppur District.
For the Petitioner
: Mr.K.Myilsamy
For the Respondents
: Mr.P.Muthukumar
State Government Pleader
Assisted by
Mr.P.Balathandayutham
Special Government Pleader
for Respondents 1 to 6
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W.P.No.31559 of 2022
ORDER
(Made by the Hon'ble Acting Chief Justice)
The writ petition has been filed challenging the order dated
08.05.2022 vide Reference No.4138/2022/C5 issued by the first
respondent granting permission to the eighth respondent to install and
operate Mobile Phone Tower in S.No.207/1A, Jothampatti Village,
Madathukulam Taluk, Tiruppur District, with certain conditions.
2. According to the petitioner, more than 500 families are
residing in Jothampatti Village. Two mobile phone towers were already
erected in their Village. In view of the radiation from the said towers,
some of the residents were affected with cancer and other deadly
diseases. The petitioner, along with some of the residents, made an
objection for extension of license period for the towers, as the tenure
of 15 years for the towers was to expire and also requested to remove
the mobile phone towers.
3. That apart, one mobile phone tower erected by the eighth
respondent in S.No.199/A2A, which is far away from the petitioner's
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W.P.No.31559 of 2022
Village and in isolated place, is likely to be shifted to the land in
S.No.207/1A, Jothampatti Village, owned by the ninth respondent. The
said place is nearly 60 to 70 feet to the petitioner's area. Moreover, a
transformer is also located within ten feet of the proposed place.
4. The eighth respondent, without obtaining permission from the
respondents 1 to 7, inspected the proposed place. Hence, the
petitioner lodged a complaint before the Kaniyur Police Station and
also sent several representations to the respondents. Since no steps
were taken, the petitioner filed W.P.No.3776 of 2022 and the same
was withdrawn with liberty to file a fresh writ petition if work for
erection of tower is commenced in violation of the norms and without
permission from the competent authority.
5. Thereafter, by the impugned order, the first respondent has
granted permission to the eighth respondent, under the Tamil Nadu
Telecom Infrastructure Policy, for erection of mobile phone tower.
Hence, the above writ petition.
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W.P.No.31559 of 2022
6. Learned counsel for the petitioner submitted that a perusal of
the impugned order di
