IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO.17184 OF 2014 DATE: 02.02.2026 Between:

Indo American School, L.B.Nagar, Goadavarikhani, Karimnagar District.

…. Petitioner and The Government of Telangana, rep.by its Prl.Secretary, MA & UD, Hyderabad and six others.

…. Respondents

ORDER:

Heard Mr. A.Ravinder, learned counsel for petitioner and Mr. K.Siddarth Reddy, learned Standing Counsel for Karimnagar Municipal Corporation for respondent No.2.

2. The instant writ petition has been filed declaring the inaction on the part of 2nd respondent in taking necessary steps for removal of cell phone towers/roof top poles erected on the land and building of 3rd respondent pursuant to the representation made by the petitioner on 25.01.2014, as illegal, arbitrary and contrary to Articles

14 and 21 of the Constitution of India.

3. The brief facts of the case are that the petitioner has been running an educational institution, namely, Indo American School, situated at Mathangi Complex in Godavarikhani, since the academic year 2001–02. It is contended that certain cellular companies, without obtaining the necessary permission from respondent No.2, installed cell towers and rooftop poles on the land and building belonging to respondent No.3, within a radius of 100 meters from the petitioner’s school. The petitioner alleges that the radiation emitted from the said towers and poles is hazardous and poses a serious threat to the life and health of the students and teaching staff, and that the students are being adversely affected by such emissions.

4. In this regard, the petitioner submitted a representation dated 25.01.2014 to respondent No.2, bringing to his notice the erection of the cell phone towers and requesting necessary action for removal in order to safeguard the lives of the children and the inhabitants of the locality. However, as respondent No.2 failed to act upon the said representation, the petitioner has filed the present writ petition.

5. The main grievance of the writ petitioner is that, the erection of cell towers and rooftop poles within a radius of 100 meters from the premises of the petitioner-school, without obtaining permission from the competent authority, has resulted in the emission of hazardous radiation, thereby adversely affecting the health and safety of the students as well as the local inhabitants of the area. Learned counsel for the petitioner would contend that the erection of cell phone towers and rooftop poles within a radius of 100 meters from the premises of the petitioner-school, cannot be allowed as per the guidelines framed by the Government vide G.O.Ms.No.380, Municipal Administration & Urban Development Department dated

01.08.2013. Clause 5-E (vii) (c) of the said G.O., reads as under:

“E. Restriction to erect Telecommunication Infrastructure Towers:

(i) to (vi) xxx

(vii) Heritage, Religious and other structures.

(a) & (b) xxxx

(c) Erection of TIT shall not be allowed within a radius of 100 m

from the boundary of the premises of school, hospital, heritage

buildings and religious buildings or any other prescribed buildings by the Government from time to time.”

Per contra

6. , learned Standing Counsel for Municipal- Corporation would contend that after filing the present writ petition, the 2nd respondent-Corporation had issued notices to the respondent vide Nos.4 to 6 Lr.Roc.No.G1/496/TPS/RMC/2025, dated 17.10.2025 to remove the cell towers. However, it is contended that the G.O.Ms.No.380 dated 01.08.2013 was superseded by revised guidelines under G.O.Ms.No.96 MA&UD (M1) Department dated 05.08.2015 and the clause-E (vii) (c) of G.O.Ms.No.380 was removed and the requirement for obtaining prior permission from the competent sanctioning authority continued. Learned Standing Counsel further contended that Annexure-3, Clause (6) of G.O.Ms.No.2, Information Technology, Electronics and Communications Department (Communications Wing), dated 19.02.2021, clari