1 HN, J W.P.No.24440_2020 APHC010367142020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24440/2020 Between: 1. SYED CHISTY, S/O SYED ALI, AGED 53 YEARS, R/O.D.NO.17-11- 21/H, G.K.RAO NAGAR, 2ND LANE, BESIDE MATRUSRI COLLEGE, PONNUR ROAD, GUNTUR-522001. 2. NAZNEEN SULTHANA,, W/O ABDUL VAHEED SHAIK, AGED ABOUT 47 YEARS, R/O D.NO.17-17-21/A, GK RAO NAGAR, 2ND LANE, BESIDE MATRUSRI COLLEGE, PONNUR ROAD, GUNTUR-522001. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI. GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF ANDHRA PRADESH, PADMINI ENCLAVE, 5TH LANE, 4/7, MAHATMA GANDHI INNER RING RD, ANNAPURA NAGAR, GUNTUR, ANDHRA PRADESH 522034. 3. THE GUNTUR MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, GUNTUR. 4. THE CITY PLANNER, GUNTUR MUNICIPAL CORPORATION, GUNTUR- 522003 5. M/S INDUS TOWERS LIMITED, SURVEY NO.133, 4-51, 801 FLOOR, SLN TERMINUS, BESIDE BOTANICAL GARDENS, GACHIBOWLI, HYDERABAD- 500032 REP.BY ITS MANAGING DIRECTOR. 6. SYED NURULLAH, S/O SYED MEHBOOB, AGED ABOUT 48 YEARS, R/O D.NO. 84/G36/H2, GM RAO NAGAR, 1ST LANE, BESIDE MATRUSRI COLLEGE, PONNUR ROAD, GUNTUR-522001. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction, more particularly, one in 2 HN, J W.P.No.24440_2020 the nature of WRIT OF MANDAMUS declaring the inaction of the 3rd and 4th respondents in stopping the illegal installation and erection of Communication on Wheel (COW) by the 5th respondent at through representations, regarding health hazards and lapse of respondent, despite the objections and complaint of the petitioners an T.S.No.780/5, Plot No.32, Ponnur Road, Guntur, belonging to the 6th provisional no-objection certificate, dt.26-11-2019 issued by the 3rd respondent, as illegal, arbitrary, unconstitutional and consequently direct the 3rd and 4th respondents to forthwith stop the illegal installation and erection of Communication on Wheel (COW) by the 5th respondent at T.S.No.780/5, Plot No.32, Ponnur Road, Guntur belonging to 6th respondent, and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 3rd and 4th respondents to take steps to stop all further activities of illegal installation and erection of Communication on Wheel (COW) being made by the 5th respondent at T.S.No.780/5, Plot No.32, Ponnur Road, Guntur, and its associates, belonging to the 6th respondent by sealing the premises and pass Counsel for the Petitioner(S): 1. SRAVAN KUMAR MANNAVA Counsel for the Respondent(S): 1. T D PANI KUMAR 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 4. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.24440_2020 ORDER: 1. This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following relief/s. <to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the inaction of the 3rd and 4th respondents in stopping the illegal installation and erection of Communication on Wheel (COW) by the 5th respondent at through representations, regarding health hazards and lapse of respondent, despite the objections and complaint of the petitioners an T.S.No.780/5, Plot No.32, Ponnur Road, Guntur, belonging to the 6th provisional no-objection certificate, dt.26-11-2019 issued by the 3rd respondent, as illegal, arbitrary, unconstitutional and consequently direct the 3rd and 4th respondents to forthwith stop the illegal installation and erection of Communication on Wheel (COW) by the 5th respondent at T.S.No.780/5, Plot No.32, Ponnur Road, Guntur belonging to 6th respondent, and pass=. 2. The issue relating to the construction of a cell tower by respondent No.5 is challenged in the present writ petition. 3. Heard the learned counsel for the petitioners and the learned Standing counsel appearing for the respondents. 4. The learned counsel for the petitioners submits that a representation was made against the proceedings of the 3rd respondent, but the same has not been considered. It is submitted that the proceedings dated 26- 11-2019 issued by the 3rd respondent are contrary to G.O.Ms.No.146, Municipal Administration and Urban Development (M2) Department, dated 19.06.2015. 4 HN, J W.P.No.24440_2020 5. The learned Standing counsel for the Municipal Corporation submits that the grievance of the petitioners has to be dealt with by Telecom Enforcement, Resources and Monitoring (TERM) Cell of the Department of Telecommunications, Government of India. It is also submitted that this Court considered the similar matters earlier and relies on the order passed in W.P.No.3341 of 2019. 6. Following the order of this Court in W.P.No.3341 of 2019, the present writ petition stands disposed off, leaving it open to the petitioners to approach the appropriate authority for redressal of their grievance. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:03.12.2025 NKA 5 HN, J W.P.No.24440_2020 369 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24440 of 2020 Date: 03.12.2025 NKA