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W.P.No.31085 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.03.2025 CORAM:
THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD W.P.No.31085 of 2017 WMP.No.34091 of 2017 1.K.Kalimuthu 2.S.Selvarani .. petitioners vs 1.State Rep by Block Development Officer Sholavaram Blcok Ponneri Taluk, Chennai – 600 067 2.The Inspector of Police Redhills Police Station Redhills, Chennai – 600 052. 3.M/s.Reliance Jio Inforcomm Limited rep by its Legal Manager D.Kalaimani having office at A1 Tower 8th Floor, 89-90 Dr.Radhakrishnan Salai, Mylapore, Chennai – 4. 4.Maheswari .. respondents Prayer: Writ Petitions is filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus to direct the first respondent forbearing the 3rd respondent from erecting and installing the roof top BTS tower on the 3rd floor without production for the building structural certificate issued by 1/4 https://www.mhc.tn.gov.in/judis
W.P.No.31085 of 2017 the 1st respondent for the roof top BTS Tower and the building situated at No.1/606, 9th Street, Jothi Nagar, Padiyanallur, Chennai – 600052. For Petitioners : M/s.G.Daisy John For Respondents : Mr.M.Rajendran, AGP for R1. Mr.R.Kishore Kumar, GA for R2 Mr.R.Bharnidharan for R3. Mr.R.Jaganathan for R4. O R D E R This writ petition has been filed to direct the first respondent forbearing the 3rd respondent from erecting and installing the roof top BTS tower on the 3rd floor without production for the building structural certificate issued by the 1st respondent for the roof top BTS Tower and the building situated at No.1/606, 9th Street, Jothi Nagar, Padiyanallur, Chennai – 600052. 2. Today when the matter is taken up for hearing the learned counsel appearing for the 4th respondent drawn the attention of this Court to paragraph 8 of Counter affidavit, wherein it is stated as follows :-
“8. I respectfully submit that I have received a Court summon in the first week of September 2023. As soon as I received the summon, I filed a vakalat through my council on 07.09.2023. On the date of filing vakalat 2/4 https://www.mhc.tn.gov.in/judis
W.P.No.31085 of 2017 or even prior to date of filing the vakalat the issue involves in the writ petition and the relief sought by the petitioners are infructuous in nature as the tower was dismantled in the year 2021. Therefore, the relief sought by the petitioners are no more in extinct.
Hence, this Hon'ble Court may be pleased to dismiss the writ petition as infructuous and thus render justice. 3. Recording the above submissions, this writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. 03.03.2025 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No tsh To 1.State Rep by Block Development Officer Sholavaram Blcok Ponneri Taluk, Chennai – 600 067 2.The Inspector of Police Redhills Police Station Redhills, Chennai – 600 052. 3/4 https://www.mhc.tn.gov.in/judis
W.P.No.31085 of 2017 J. SATHYA NARAYANA PRASAD
, J.
tsh W.P.No.31085 of 2017 03.03.2025 4/4 https://www.mhc.tn.gov.in/judis