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2026 DAILYLAW 50022 (MAD)

JAYAPRAKASH v. The District Collector/District Nodal Officer (Telecommunication)

WP/26814/2026 · 2026-07-13

Mohammed Shaffiq

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 26814 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 26814 of 2026 AND WMP Nos. 29352, 29355 & 29358 OF 2026 1. Jayaprakash C/o.Ravikumar, All are residing at Subramani Mudaliyar Street, Salavanpet, Vellore – 632001. 2. Jegannathan C/o.Selvam All are residing at Subramani Mudaliyar Street, Salavanpet, Vellore - 632001. 3. Shakthivel C/o.Dhananathan All are residing at Subramani Mudaliyar Street, Salavanpet, Vellore - 632001. ..Petitioner(s) Vs 1. The District Collector/District Nodal Officer (Telecommunication) A Block, 2nd Floor, Collectorate, Vellore – 632009. 2. M/S.Indus Towers Ltd., ESPEE IT PARK, 5(N.P), 5th Floor, Jawaharlal Nehru Road, Ekkaduthangal, Chennai - 600032 (Tamilnadu). 3. Vinayagam S/o.T.Loganathan, https://www.mhc.tn.gov.in/judis WP No. 26814 of 2026 __________ Page2 of 6 No.16/1, Subramaniya Mudaliyar 2nd Street, Salavanpet, Vellore - 632001. 4. M/S.Electronic Corporation of Tamil Nadu Limited, Rep. by its Managing Director, 9th floor, 18/3, Sigapi Aachi Building, Rukmani Lakshmipathi Road, Egmore, Chennai - 600008. ..Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the right of way approval report bearing application No.VEL25801520 dated NIL erroneously issued by the 1st respondent and quash the same and consequently direct the 1st respondent to dismantle the illegally erected telecommunication tower. For Petitioner(s): Mr.J.Akshaykeerthi For Respondent(s): Mr.P.Elayarajkumar, Govt. Counsel for R1 Mr.S.Anil Sandeep for R2 Order This Writ Petition has been filed challenging the order passed by the first respondent and seeking a direction to the first respondent to dismantle the illegally erected telecommunication tower. 2. The petitioners are residents of Subramani Mudaliyar Street, Vellore, where a telecommunication tower is being set up based on a right of way application of the second respondent. The tower site is structurally unstable, https://www.mhc.tn.gov.in/judis WP No. 26814 of 2026 __________ Page3 of 6 poses severe health risks and also situated just 3 feet away from the residence of the petitioners, thereby aggravating risk to their life, properties and livelihood. Hence, the petitioners are before this Court. 3. The thrust of the arguments of the learned counsel for the petitioners is that stability certificate has not been obtained by the second respondent before proceeding with the installation of telecom structures. He would submit that in the absence of stability certificate, there is a threat to the safety of the neighbours including the petitioners. 4. The above apprehension of the petitioners is allayed by learned counsel for the second respondent and he would submit that the grievance of the petitioners is completely unfounded inasmuch as structural stability certificate was issued to the second respondent as early as on 06.09.2025 and only thereafter, the second respondent had proceeded with erection / installation of the telecom structure. 5. On this being pointed out, learned counsel for petitioners would submit that the petitioners have no further grievance. 6. In view thereof, nothing further needs to be adjudicated in this Writ Petition. Accordingly, this Writ Petition is disposed of. No costs. https://www.mhc.tn.gov.in/judis WP No. 26814 of 2026 __________ Page4 of 6 WMP.No.29352 of 2026 is ordered. WMP.Nos.29355 & 29358 of 2026 are closed. 13-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSK https://www.mhc.tn.gov.in/judis WP No. 26814 of 2026 __________ Page5 of 6 To 1. The District Collector/District Nodal Officer (Telecommunication) A Block, 2nd Floor, Collectorate, Vellore – 632009. 2. M/S.Indus Towers Ltd., ESPEE IT PARK, 5(N.P), 5th Floor, Jawaharlal Nehru Road, Ekkaduthangal, Chennai - 600032 (Tamilnadu). 3. Vinayagam S/o.T.Loganathan, No.16/1, Subramaniya Mudaliyar 2nd Street, Salavanpet, Vellore - 632001. 4. M/S.Electronic Corporation of Tamil Nadu Limited, Rep. by its Managing Director, 9th floor, 18/3, Sigapi Aachi Building, Rukmani Lakshmipathi Road, Egmore, Chennai - 600008. https://www.mhc.tn.gov.in/judis WP No. 26814 of 2026 __________ Page6 of 6 MOHAMMED SHAFFIQ J. GSK WP No. 26814 of 2026 AND WMP Nos. 29352, 29355 & 29358 OF 2026 13-07-2026 https://www.mhc.tn.gov.in/judis