- 1 - HC-KAR NC: 2025:KHC:43360 WP No. 14451 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 14451 OF 2020 (GM-RES) BETWEEN: 1. MR. PRADEEP KUMAR AGED 35 YEARS, S/O SANJEEVA KOTIAN, R/AT LAKSHMI PRASAD, PADUKONAJE VILLAGE AND POST, SHIRTADI, D K DISTRICT-574227 …PETITIONER (BY SRI.P.P.HEGDE, SENIOR ADVOCATE FOR SMT.SHARADI S SHETTY.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS SECRETARY, M S BUILDING, 3RD FLOOR, BENGALURU-560001 2. SHIRTHDAY GRAMA PANCHAYAT REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER, MOODBIDRI TALUK, DAKSHINA KANNADA DISTRICT-574227 3. MANGALORE ELECTRICITY SUPPLY COMPANY Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43360 WP No. 14451 of 2020 LIMITED REPRESENTED BY ITS EXECUTIVE ENGINEER, MULKI-BELTHANGADY HIGHWAY, JYOTHI NAGAR, MOODBIDRI-574227 4. INSPECTOR OF POLICE MOODBIDRI POLICE STATION, MULKI-BELTHANGADY HIGHWAY, MOODBIDRI-574227 5. COMMISSIONER OF POLICE NEAR POLICE TRAINING SCHOOL, PANDESHWAR, MANGALURU-575001 6. DEPUTY COMMISSIONER BUNDER, MANGALURU-575001 7. INDUS TOWER LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, CIRCLE OFFICE NO.12, SUBRAMANYA ARCADE TOWER D, 7TH FLOOR, BANNERGHATTA ROAD, BENGALURU-560029 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R1, R4 TO R6, SRI.K.CHANDRANATHA ARIGA, ADVO FOR R2, SRI.B.J.ROHITH GOWDA, ADVO FOR R7, R3-SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT RESPONDENTS TO IMMEDIATELY REMOVE THE UNAUTHORIZEDLY AND ILLEGAL CONSTRUCTED TOWER BY R- - 3 - HC-KAR NC: 2025:KHC:43360 WP No. 14451 of 2020 7 SET UP IN SY.NO.125/1 OF PADUKONAJE VILLAGE, MOODBIDRI TALUK AND ETC. THIS PETITION, COMING ON FOR 'PRELIMINARY HEARING IN B GROUP', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The petitioner is before this Court seeking for the following reliefs: "WHEREFORE it is prayed that this Hon'ble Court be pleased to i) Issue a writ in the nature of Mandamus or any other appropriate writs or directions, directing respondents to immediately remove the unauthorizedly and illegally constructed tower by respondent no.7 set up in survey no.125/1 of Padukonaje Village, Moodbidri Taluk: ii) Issue a writ of Mandamus directing respondent nos. I to 6 to take action against respondent no.7 for unauthorized construction/ installation of mobile tower in survey no. 125/1 of Padukonaje Village, Moodbidri Taluk; iii) Pass suitable orders to take action against respondent no.4 for having given police aid to respondent no.7 in installation of the mobile tower at in survey no.125/1 of Padukonaje Village, Moodbidri Taluk; iv) Direct the respondents to pay suitable compensation for the loss and sufferings for violation of fundamental rights of the Petitioner in the illegal - 4 - HC-KAR NC: 2025:KHC:43360 WP No. 14451 of 2020 installation of the mobile tower at survey no. 125/1 of Padukonaje Village, Moodbidri Taluk; v) Direct respondent no.3 to cancel the power supply to mobile tower set up by respondent no. 7 in survey no. 125/1 of Padukonaje Village, Moodbidri Taluk: vi) Grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice. 2. Heard Sri.P.P.Hegde, learned Senior Counsel appearing on behalf of Sharadi S.Shetty, for petitioner, Sri.Mahantesh Shettar, learned Additional Government Advocate for respondent Nos.1, 4 to 6, Sri.K.Chandrakanth Ariga, learned counsel for respondent No.2 and Sri.B.J.Rohith Gowda, learned counsel appearing for respondent No.7. 3. It is submitted by the learned Senior Counsel appearing for the petitioner that the installation of the mobile tower has been forcibly implanted next to the property belonging to the petitioner and same has caused nuisance to the petitioner and affects the health of the petitioner and accordingly, it is submitted by the learned - 5 - HC-KAR NC: 2025:KHC:43360 WP No. 14451 of 2020 Senior Counsel appearing for the petitioner by referring to the photographs mentioned at Annexure-H to the petition that an appropriate direction be shown to respondent No.2-Panchayat, Shirthday Grama Panchayat to remove the unauthorisedly constructed tower by respondent No. 7 on the land bearing Survey No.125/1 of Padukonaje Village, Moodbidri Taluk. 4. 4. Per contra, learned counsel appearing for respondent No.7 invited the attention of this Court to the Circular dated 02.03.2005 at Annexure-R4 and the Notification dated 02.12.2021 at Annexure-R8 issued by the Government of Karnataka with regard to the compliance of the provisions by the Panchayats at the time of issuing of the license to set up the mobile towers. 5. Sri.Chandranath Ariga.K, learned counsel appearing for respondent No.2-Panchayat, submitted that at the time of issuance of No Objection Certificate (NOC) at Annexure-A dated 27.02.2017, steps had been taken - 6 - HC-KAR NC: 2025:KHC:43360 WP No. 14451 of 2020 with regard to the same and accordingly sought to justify the action of the respondent-Panchayat. 6. In the light of the submission made by the learned counsel appearing for the parties, it is the grievance of the petitioner that in view of the installation of the mobile tower, the same would affect the health and cause nuisance to the petitioner herein, who is the neighboring landowner. In this regard, it is not in dispute that the NOC has been given for installation of the mobile tower as per the NOC dated 27.02.2017 at Annexure-A. It is also to be noted that the State Government has issued the Circular dated 02.03.2005 at Annexure- R4 and thereafter, a comprehensive law has been framed by the Government directing the Panchayaths to adhere to the said provisions at the time of granting license for the installation of the mobile tower as per Annexure-R8 to the petition. - 7 - HC-KAR NC: 2025:KHC:43360 WP No. 14451 of 2020 7. In that view of the matter, taking into consideration the factual aspects on record and the contention of the petitioner is concerned, respondent No.2-Panchayath is directed to reconsider the issue afresh and whether the installation of the tower by respondent No.7, as stated above, is within the purview of the Notification dated 02.12.2021 at Annexure-R8 and the Circular dated 02.03.2005 at Annexure-R4, and the same is to be conveyed to the petitioner at the earliest within an outer limit of two months from the date of receipt of a copy of this order. With these observations, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE rv List No.: 1 Sl No.: 51