ORDER

Heard Sri Pullarao Yellanki, learned counsel appearing on behalf of petitioner and Sri Zakir Ali Danish, learned Standing Counsel for TSNPDCL, appearing on behalf of respondent Nos.2 and 4.

2. The petitioner approached the Court seeking the prayer as follows:

“......to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondents in not taking any steps on the petitioner's representation dated 07-03-2024 seeking to stop the ongoing erection of Cell Tower and 11Kv High voltage line in residential area of Subhashnagar, Yellandu Town & Mandal, Bhadradri Kothagudem District which leads to danger to the public Health who resides in the said locality since one High Tension voltage line with 230 Kv and two cell phone towers existing in the same residential area without taking any permission either Government or Grampanchayat is as illegal, arbitrary, unconstitutional and violation of Article 21 and 300-A of Constitution of India and consequently direct the Respondents not to erect the cell tower and 11 Kv High Tension electricity line in the locality of Subhashnagar Colony, Yellandu Town & Mandal, Bhadradri Kothagudem District and pass such Order or Orders as this Hon'ble Court may deem fit and proper in the interest of justice.”

3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed in support of the present writ petition is as follows:

The petitioner is a resident of Subhashnagar Colony, Yellandu Town and Mandal, Bhadradri-Kothagudem District. In the said area the petitioner is residing, there exists one High Tension Voltage line with 230 Kv and two cell phone towers.

Subsequently, the respondents started to erect another cell tower and 11 Kv High Voltage line in the petitioner’s residential area. Aggrieved by the same, the petitioner field a representation dated 07.03.2024 seeking to stop the ongoing erection of cell tower and 11 Kv High Voltage line as the same is dangerous to the health of the public who are residing in the said locality. Moreover, the said erection is being done without acquiring any permission, either from the Government or from the Grampanchayat. Thus, the action of the respondents is illegal, arbitrary and violative of Articles 21 and 300A of the Indian Constitution. Hence, this Writ Petition.

PERUSED THE RECORD 4. The specific relief as sought for by the petitioner in the present writ petition is a direction to the 3rd respondent to consider the representation of the petitioner dated 07.03.2024 seeking to stop the ongoing erection of cell tower and 11 Kv High Tension electricity line in the petitioner’s locality of Subhashnagar Colony, Yellandu Town & Mandal, Bhadradri Kothagudem District, as the same is dangerous to the health of the public who are residing in the said locality, since one High Tension voltage line with 230 Kv and two cell phone towers are already exiting in the same residential area.

5. Sri Zakir Ali Danish, learned Standing Counsel for TSNPDCL, appearing on behalf of respondent Nos.2 and 4 places reliance upon the averments made in the counter affidavit filed on behalf of respondent No.4 and contends that the respondent No.4 only resisted the request of the enhancement of load made by the consumer and regarding the erection of cell towers, the Telangana State Pollution Control Board shall look into it but the electricity department is nowhere responsible for the radiations or health issues of the dwellers over there. Basically, the works were executed according to the public requirement in all the areas and in particular paragraph Nos. 3, 4, 5 and 6 of the said counter affidavit reads as under:

“ 3. It is submitted that, the service number 51 19 02197 M/s.Indus Towers Ltd., was r