APHC010295812020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19563/2020 Between: 1. CHATTIVANIPALEM GRAMA SANKSHEMA MARIYU DEVALAYA ABHIVRUDHI SEVA SANGHAM,, REG.NO.384/2009, CHATTIVANIPALEM, GAJUWAKA, VISAKHAPATNAM, ANDHRA PRADESH-530026. REP. BY ITS VICE-PRESIDENT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M2) DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, GAJUWAKA P.S. VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 4. TELECOM ENFORCEMENT RESOURCE AND MONITORING CELL TERM CELL, DEPARTMENT OF TELECOMMUNICATIONS, GOVERNMENT OF INDIA, 511, D-11, TELECOM OFFICERS COMPLEX, TIKKEL ROAD, MOGALRAJPURAM, VIJAYAWADA, 520010, REP. BY ITS HEAD, DDG TELECOM. 5. M/S INDUS TOWER LIMITED, SURVEY NO.133, 4-51, 8TH FLOOR, SLN TERMINUS, BESIDES BOTANICAL GARDENS, GACHIBOWLI, HYDERABAD - 500032. REP. BY ITS CIRCLE LEGAL HEAD. ...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 to pleased to issue an order, writ or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of respondents 1 to 4 in permitting the illegal erection of Telecommunication Tower by the 5th respondent without permission, at Door No. 7-8-28, Sy.No.79/9, near Damro Buidling, Chattivanipalem, Gazuwaka, Visakhapatnam amidst a residential area abutting Janaki Polyclinic for being illegal, arbitrary, violative of Rules and Guidelines for Installation of Telecommunication Infrastructure Towers, against the provisions of the Municipal Laws and unconstitutional and consequently direct the respondents not to permit the 5th respondent to erect any Telecommunication Infrastructure Tower(Cell Tower) at Door No. 7-8-28, 2 Sy.No.79/9, near Damro Buidling, Chattivanipalem, Gazuwaka, Visakhapatnam, 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 respondents 1 to 4 to consider the representations of the petitioners, pending disposal of the writ petition, and pass IA NO: 2 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 stay the illegal erection of Telecommunication Infrastructure Tower (Cell Tower) without permission by the 5th respondent at Door No. 7-8-28, Sy.No.79/9, near of Damro Buidling, Chattivanipalem, Gazuwaka, Visakhapatnam, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1. T D PANI KUMAR 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19563/2020 ORDER : The present writ petition is filed by the petitioner aggrieved by the inaction of respondents 1 to 4 in permitting the illegal erection of Telecommunication Tower by the 5th respondent without obtaining permission, at Door No. 7-8-28, Sy.No.79/9, near Damro Buidling, Chattivanipalem, Gazuwaka, Visakhapatnam and also for a consequential direction to the respondents not to permit the 5th respondent to erect any Telecommunication Infrastructure Tower(Cell Tower) in the said premises. 2. When the matter is taken up for hearing today, the learned counsel appearing for respondent No.2 submits that the writ petition may be disposed of by directing the District Collector, Visakhapatnam District, to consider the petitioners’ representation dated 13.01.2020 and pass appropriate orders within a reasonable time. 3. In view of the above, the petitioners are permitted to submit a fresh representation to the District Collector-cum-District Magistrate, Visakhapatnam District. Upon receipt of such representation, the District Collector shall consider the same and pass appropriate orders, after issuing notice to respondent No.4 and affording an opportunity of hearing to all concerned, within six (6) weeks from the date of receipt of the fresh representation. 4 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 17.08.2026 RSD 5 82 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19563 of 2025 Dated 17.08.2026 KGM