Case Note & Summary
The petitioner, M. Ramasamy, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Mandamus to forbid respondents 1 to 6 (District Collector, Taluk Tahsildar, Block Development Officer, President of Kalloorani Village Panchayat, Superintendent of Police, and Inspector of Police) from permitting the seventh respondent, M/s. Ascend Telecom Infrastructure Pvt. Ltd., to install a cellphone tower on the property of the eighth respondent, Durairaj, located in Survey No.95/2 near Kamaraj Nagar South, Kalloorani Village, Tenkasi Taluk and District. The petitioner also sought a direction for an enquiry based on his representations dated 16.09.2024 and 16.12.2024. At the hearing, the learned counsel for the petitioner, Mr. B. Prahalad Ravi, sought permission to withdraw the writ petition and made an endorsement to that effect in the court bundle. The court, comprising Justice M.S. Ramesh and Dr. Justice A.D. Maria Clete, recorded the withdrawal and dismissed the writ petition as withdrawn. The court made no order as to costs and closed the connected miscellaneous petition. The judgment did not adjudicate on the merits of the case, as the petitioner voluntarily withdrew the petition.
Headnote
A) Constitutional Law - Writ of Mandamus - Withdrawal of Petition - Petitioner sought to withdraw the writ petition seeking to forbid installation of a cellphone tower - Court permitted withdrawal and dismissed the petition as withdrawn without adjudicating on merits - Held that no order as to costs is necessary (Paras 1-2).
Issue of Consideration
Whether the court should grant the relief sought in the writ petition regarding installation of a cellphone tower.
Final Decision
The writ petition was dismissed as withdrawn. No order as to costs. The connected miscellaneous petition was closed.
Law Points
- Withdrawal of writ petition
- No adjudication on merits
- No order as to costs
