M BALARAM Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) This writ petition is filed for a Mandamus to declare the action of Respondent Nos. 1 and 2 in proposing to install a cell tower over the land admeasuring Ac.0.15 cents in Sy. No. 753/1 of Karedu Village, Ulavapadu Mandal, Prakasam District, as illegal and arbitrary.

(2.) I have heard Sri Y. Sudhakar, learned Counsel for the Petitioner and perused the record.

(3.) The Petitioner is the owner of house bearing No. 2-45 of Karedu Village, Ulavapadu Mandal, Prakasam District. He averred that to the North of his house, K. Subba Reddy owned an extent of Ac.6.43 cents in Sy. No. 753/1, out of which Ac.0.15 cents was alienated to Respondent No. 4 for the purpose of erection of cell tower. The grievance of the Petitioner is that Respondent Nos. 1 and 2 are proposing to install a cell tower over the said land without obtaining permission from the Gram Panchayat of Karedu. The Petitioner averred that already a cell tower of Airtel company is in existence within a distance of about 20 meters of the proposed site and that in view of the close proximity of the proposed cell tower, he may be exposed to health hazards like headache, sleep disorders, poor memory, mental excitation etc.