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2025 DAILYLAW 150291 (MAD)

Balabarathi K v. The District Collector

WP(MD)/19017/2025 · 2025-09-17

G R Swaminathan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 W.P.(MD)NO.19017 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19017 of 2025 K.Balabarathi ... Petitioner Vs. 1. The District Collector, Dindigul District. 2. The District Revenue Officer, Dindigul District. 3. The Revenue Divisional Officer, Palani Division, Palani, Dindigul District. 4. The Tahsildar, Oddanchatram Taluk, Dindigul District. 5. The Village Administrative Officer, VAO Office, Athikombai Village, Oddanchatram Taluk, Dindigul District. 6. GTL Infrastructure Ltd., City Centre 3rd Floor, Old No.232 & 186 Purasawalkam High Road, Kilpauk, Chennai – 600 010. ... Respondents 1/5 https://www.mhc.tn.gov.in/judis 2 W.P.(MD)NO.19017 OF 2025 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to permit the petitioner to uninstall the left unmaintained cell phone tower of the sixth respondent situated at survey No.19/7A, 19/7B, Athikombai Village, Oddanchatram Taluk, Dindigul District on the basis of the petitioner's representation dated 27.01.2025. For Petitioner : Mr.A.Joseph Jerry For R-1 to R-5 : Mr.K.S.Selvaganesan, Additional Government Pleader For R-6 : Mr.M.Rajaraman * * * O R D E R Heard both sides. 2. The petitioner is the owner of the petition-mentioned land. He entered into an agreement with the sixth respondent and permitted them to install a cellphone tower in his land. The lease period has long since expired. For the 6½ years, the sixth respondent is not paying any rent. The petitioner called upon the sixth respondent to remove the cellphone tower. Since the sixth 2/5 https://www.mhc.tn.gov.in/judis 3 W.P.(MD)NO.19017 OF 2025 respondent did not respond, the present writ petition has been filed. 3. The sixth respondent has been served and he does not deny the assertions made in the affidavit filed in support of the writ petition. It is admitted that as on date, the cellphone tower has become disfunctional. The petitioner is permitted to dismantle the petition-mentioned cellphone tower and sell the resulting scrap and appropriate the sale proceeds towards his dues from the sixth respondent. This writ petition stands allowed. No costs. 17.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5 https://www.mhc.tn.gov.in/judis 4 W.P.(MD)NO.19017 OF 2025 To: 1. The District Collector, Dindigul District. 2. The District Revenue Officer, Dindigul District. 3. The Revenue Divisional Officer, Palani Division, Palani, Dindigul District. 4. The Tahsildar, Oddanchatram Taluk, Dindigul District. 5. The Village Administrative Officer, VAO Office, Athikombai Village, Oddanchatram Taluk, Dindigul District. 4/5 https://www.mhc.tn.gov.in/judis 5 W.P.(MD)NO.19017 OF 2025 G.R.SWAMINATHAN,J. PMU W.P.(MD)No.19017 of 2025 17.09.2025 5/5 https://www.mhc.tn.gov.in/judis