ATC TELECOM INFRASTRUCTURE PRIVATE LTD. Vs. DISTRICT COLLECTOR, COLLECTORATE OFFICE KANCHIPURAM DISTRICT

JUDGEMENT

(1.) The above writ petition has been filed by the petitioner to issue a writ of certiorari to call for the records pertaining to the notice dated 24.05.2019 issued by the second respondent herein, calling for the approved plan from the petitioner and directing them to stop work and to quash the same.

(2.) It is the case of the petitioner that BTS Towers fall under the subject of Telegraph, Telephone, Wireless and other forms of communications covered by Entry 31 of List-I in the Seventh Schedule to the Constitution of India and are regulated by the Telecom Regulatory Authority of India as per the Indian Telegraph Act and the second respondent has no jurisdiction to interfere with the functioning of the BTS Towers. Further, the petitioner contended that the impugned notice is contrary to the exemption orders of the State Government and in particular, the Government Letter dated 26.3.2019, wherein the State Government has specifically instructed the local bodies not to insist upon building permission for erection of BTS Towers. It is averred that contrary to the Government Letter dated 26.3.2019, the second respondent called for approved plan and also directed the petitioner to stop work.

(3.) The learned Government Advocate fairly submitted that as per the Government Letter dated 26.3.2019, in relation to the erection of BTS Towers, the second respondent ought not to have called for approved plan or issued stop work notice.