S P LOGANATHAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) In Writ Petition No.7544 of 2017, the petitioners have challenged the erection of a Mobile Phone Tower erected by M/s. Indus Towers Limited/tenth respondent, stating that the said tower has been erected, without getting permission from the competent authorities. It is also stated that a huge generator has been installed to ensure uninterrupted power to the tower which will likely to cause disturbance to old people and small children, residing in the area. Petitioner therefore, has prayed for a writ of mandamus directing the respondents 1 to 9 to take immediate action on the erection, installation and operation of Mobile Phone Tower of the tenth respondent, in S.F.No.369, Muthanampalayam Village, Balaji Nagar, Kovilsalai, Dharapuram, Tiruppur Taluk and District, in view of the petitioner's representation, dated 22/8/2016.

(2.) In W.P.No.15144 of 2019, relying on G.O.Ms.No.177, Municipal Administration & Water Supply (MAI) Department, dated 17/12/2002, the petitioner has stated that government under G.O.Ms.No.177, have granted permission for erection of mobile phone towers, only subject to the conditions and permission of the Special Commissioner of Town and Country Planning, in Lr.ROC.No.13287/2002/BA1, dated 30/5/2002. It is submitted that the Government letter No.237/IT/2002-7 IT Department, dated 18/9/2002, further mandates that till those conditions are satisfied, mobile towers cannot be erected. In the said G.O., Government have clarified that exemption has been granted to BTS towers constructed by Telecom Companies, from the Tamil Nadu District Municipalities Building Rules, 1972 and Multi-storeyed and Public Building Rules, 1973, subject to the conditions imposed by the local authorities. It is the specific allegation that M/s. Indus Towers Ltd, tenth respondent in W.P.No.7544 of 2017 and sixth respondent in W.P.No.15144 of 2019 has not obtained permission and certificate, required under law.

(3.) Petitioner also places strong reliance on a Hon'ble Division Bench order of this Court, dated 9/2/2018, made in W.P.No.22190 of 2017, wherein at paragraph No.14, it has been held that it is mandatory on the part of the cell phone operators, to take prior permission from the authorities concerned and cell phone towers cannot be erected, without any prior permission.