K. Jacob, General Secretary Union Christian Matriculation Higher Secondary School, Chennai v. Government of Tamilnadu Rep By Its Secretary Local Authority, Chennai
2013-03-05
VINOD K.SHARMA
body2013
DigiLaw.ai
Judgment :- 1. The petitioner as General Secretary of Union of Christian Matriculation Higher Secondary School, has approached this Court with the prayer for issuance of a writ in the nature of mandamus, directing the respondents 1 to 3 and 5 to remove the Cell Phone Tower which was constructed on the 4th respondent's building at No.4/30 Pachaiyappas College Hostel Road, Chetpet, Chennai-31, by the 5th respondent. 2. It is the case of the petitioner that the respondent No.4 is the owner of the building bearing door No.4/30, Pachaiyappa's College Hostel Road, Chetpet, Chennai 600 031, who has leased out its property to the respondent No.5 to construct Cell phone Tower in his building inspite of objection by the petitioner and others. 3. It is pleaded case of the petitioner that Tower has been installed in residential area wherein three hospitals and some commercial buildings besides another school, is existing which may cause health hazard to people of the locality. 4. The petitioner is not having right to maintain this writ petition against private parties. The respondent No.4 and 5 are both private parties who are not amenable to writ jurisdiction. The remedy with the petitioner is to invoke 133 Cr.P.C. if the tower is nuisance. This writ is also not Public Interest Litigation against respondent No.1 to 3 for framing of policy etc. The writ as framed being not competent is ordered to be dismissed. Consequently, connected miscellaneous petition is closed. No cost.