IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN

W.P. No. 12646 of 2016

and

W.M.P. No. 11003 of 2016

K. Anandhi rep. by her father

and power of attorney A.S.Ganapathy

S/o.K.Sivanu Nadar

49-B, Surya Avenue, Chrompet,

Chennai – 600 044.

..Petitioner

Versus

1. Union of India

Rep by its Secretary

Ministry of Communication & Information Technology

Electronics Niketan, 6, CGO Complex, Lodhi Road

New Delhi - 110003.

2. Union of India

Rep by its Secretary

Ministry of Environmental Protection & Pollution Control

Parayavaran Bhavan, CGO Complex, Lodhi Road

New Delhi - 110003.

3. The State of Tamil Nadu

Rep by its Secretary

Department of Environment & Forest - EC

Fort St. George, Chennai - 600032

4. Tamil Nadu Pollution Control Board

Rep by its Member Secretary

Anna Salai, Chennai - 600032

5. The Commissioner

Pallavaram Municipality

Pallavaram, Chennai - 600043

6. The Reliance Communication Ltd

Rep by its Managing Director

'H' Block, 1st Floor

DAKC, Navi, Mumbai - 400709

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

7. R.M. Manivannan

8. K. Vijayasamudeeswari

..Respondents

Writ Petition filed under Article 226 of the Constitution

of India to issue a Writ of Mandamus to direct the respondents 1

to 5 to remove the installation of mobile tower having been

erected by the sixth respondent from Plot No. 48 (PART) & 49-A,

Surya Avenue, Chrompet, Chennnai - 44 belonging to the

Respondents - 7 and 8 with a further direction to the 6th

respondent to relocate the proposed commissioning of the

mobile/cell phone tower in any other suitable place as per the

rules and after obtaining mandatory permissions.

For Petitioner :

Mr. K. Ravi Anantha Padmanaban

For Respondents

:

Mr.T.L. Thirumalaisamy

(For R1 & R2)

Central Government Standing Counsel

Mr. Stalin Abhimanyu (For R3)

Government Counsel

Mr. P. Srinivas (For R5)

Mr. Shivakumar (For R6)

No appearance (For R4, R7 & R8)

ORDER

This relief sought in this writ petition is to issue a

mandamus directing the respondents 1 to 5 to remove the

installation of mobile tower having been erected by the sixth

respondent from Plot No.48 (PART)& 49-A, Surya Avenue, Chrompet,

Chennnai -44 belonging to the respondents 7 and 8 with a further

direction to the sixth respondent to relocate the proposed

commissioning of the mobile/cell phone tower in any other

suitable place as per the rules and after obtaining mandatory

permissions.

2.Today, when the matter is taken up for consideration, it

is represented by the learned counsel for the sixth respondent

that no tower was erected at the subject place and hence,

nothing survives for adjudication.

3.Recording the submission so made by the learned counsel

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

for the sixth respondent, this writ petition stands closed. No

costs. Consequently, connected miscellaneous petition is also

closed.

Sd/-

Assistant Registrar(CJ-CONF)

//True Copy//

Sub Assistant Registrar

dhk/rk

To

1. The Secretary

Union of India

Ministry of Communication & Information Technology

Electronics Niketan, 6, CGO Complex, Lodhi Road

New Delhi - 110003.

2. The Secretary

Union of India

Ministry of Environmental Protection & Pollution Control

Parayavaran Bhavan, CGO Complex, Lodhi Road

New Delhi - 110003.

3. The Secretary

The State of Tamil Nadu

Department of Environment & Forest - EC

Fort St. George, Chennai - 600032

4. The Member Secretary

Tamil Nadu Pollution Control Board

Department of Environment & Forest - EC

Anna Salai, Chennai - 600032

5. The Commissioner

Pallavaram Municipality

Pallavaram, Chennai – 600043

+1cc to the Government Pleader, S.R.No.45199

+1cc to Mr.T.L.Thirumalaisamy, Advocate, S.R.No.45306

W.P. No.12646 of 2016