Madras High Court
K.Selvam vs The Government Of India on 24 July, 2023
W.P.No.21549 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.21549 of 2023
K.Selvam .. Petitioner
Vs.
1. The Government of India
Ministry of Communications
Department of Telecommunications
Sanchar Bhawan, 20 Ashoka Road
New Delhi 110 001.
2. The District Collector
Villupuram District
Villupuram.
3. M/s. Tower Vision India Private Limited
No.28/2B, AMG Tower, 2nd Floor
Lawyer Jagannathan Street
Alandhur
Chennai 600 016.
4. The Revenue Divisional Officer
Villupuram Sub Division
Villupuram District.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.21549 of 2023
5. Shankar .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus directing the respondents 1 to 4 to
consider the representation dated 2702.2023 and subsequently direct
the third respondent not to install the cell phone towers on the
residential building in the Thiruvalluvar Nagar, Amutha Lay Out, APS
Nagar, Shiradi Sai Nagar, Deiva Nagar, Janagaraj Garden Extension
Nagar, Virattikupam Road, Villupuram without following the guidelines
prescribed by the Department of Telecommunication, which emits
cancer causing radiation to the nearby residents.
For the Petitioner : Mr.G.Dillikumar
For the Respondents : Mr.K.Gangatharan
Central Govt. Standing Counsel
for Respondent-1
Mr.P.Muthukumar
State Government Pleader
for Respondents 2 & 4
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.G.Dillikumar, learned counsel for the
petitioner, Mr.K.Gangatharan, learned Central Government Standing
https://www.mhc.tn.gov.in/judis
W.P.No.21549 of 2023
Counsel for the first respondent and Mr.P.Muthukumar, learned State
Government Pleader for the respondents 2 and 4.
2. The petitioner seeks an injunction against the respondents 1
to 4 from installing cell phone tower in Thiruvalluvar Nagar, Amutha
Lay Out, APS Nagar, Shiradi Sai Nagar, Deiva Nagar, Janagaraj Garden
Extension Nagar, Virattikupam Road, Villupuram.
3. Learned counsel for the petitioner submits that the residents
of the said locality have opposed the erection of mobile tower on the
ground that cancerous elements that are present in electromagnetic
radiations are straightaway lethal for health and it would affect the
health of many senior citizens and children.
4. Upon being asked, learned counsel for the petitioner accepts
that permission has been granted for the erection of tower in the said
place. In that event, the request of the petitioner cannot be
considered.
https://www.mhc.tn.gov.in/judis
W.P.No.21549 of 2023
5. The issue is covered under the judgment of the Division Bench
of this Court in N.Venkatachalam v. District Collector
[W.P.No.25094 of 2019 dated 29.08.2019]. It has been held that there
cannot be a mandamus restraining the authority from exercising his
duties and determining whether permission should be granted or not.
Permission has to be granted subject to the fulfillment of conditions
enumerated therein.
6. In the light of the above, the writ petition stands dismissed.
There will be no order as to costs. Consequently, W.M.P.No.20924 of
2023 is also dismissed.
(S.V.G., CJ.) (P.D.A., J.)
24.07.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
https://www.mhc.tn.gov.in/judis
W.P.No.21549 of 2023
To
1. The Government of India
Ministry of Communications
Department of Telecommunications
Sanchar Bhawan, 20 Ashoka Road
New Delhi 110 001.
2. The District Collector
Villupuram District
Villupuram.
3. The Revenue Divisional Officer
Villupuram Sub Division
Villupuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.21549 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.P.No.21549 of 2023
24.07.2023
https://www.mhc.tn.gov.in/judis
