IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.3916 of 2009 Between: 1 S. Shiva Kumar S/o. Late Pentaiah R/o. H.No. 11-28, Jogipet, Medak 2 A. Ravikanth S/o. Mallaiah R/o. H.No. 11-30/B, Jogipet, Medak ..... PETITIONERS AND 1 The District Collector Medak at Sanga Reddy, Medak District. 2 The Gram Panchayath, Jogipet, Medak District, Rep. by its Panchayat Secretary 3 S. Bharathamma W/o. S. Rajaiah R/o. 11-84, Jogipet , Medak 4 Tata Indicom 5th and 6th Floor, Khan Latheef Khan Estates Beside L.B. Stadium, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in granting permission to the 4th Respondent for installation of a Cellphone Tower on the terrace of the 3rd respondent house situated at Vegetable Market, Jogipet Village, Medak District even on objections submitted by the petitioners is illegal, arbitrary and against the Principles of natural justice and consequently direct the 1st and 2nd respondents to stop the installation of the tower by the 4th respondent on the terrace of the 3rd respondent forthwith and pass Counsel for the Petitioners: MR.K.V.RAGHU VEER Counsel for the Respondent Nos.1 and 2: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent No.4: MR.RAMA RAO GANTA The Court made the following : ORDER: Heard the learned counsel for the petitioners, the learned Government Pleader for Panchayat Raj & Rural Development and Sri Rama Rao Ganta, learned counsel appearing for the fourth respondent. The petitioners are questioning the action of the second respondent-Gram Panchayat, Jogipet, Medak District granting permission to the fourth respondent-Tata Indicom for installation of a Cell Phone Tower on the terrace of the third respondent. According to the petitioners, the fourth respondent is going to install a cell phone tower on the third respondent’s terrace on the strength of the permission granted by the second respondent-Gram Panchayat and the same is hazardous to the persons living nearby the tower. On 27.02.2009, this Court while ordering notice before admission passed interim orders of status quo. Today, when the matter is taken up, the learned counsel appearing for the fourth respondent-Tata Indicom submits that the fourth respondent is not going to install any cell phone tower on the terrace of the third respondent as alleged by the petitioners; that they have not even made any application to the second respondent-Gram Panchayat for construction of tower and that it is WTT Info Services Company, which is going to install a cell phone tower on the terrace of the third respondent. In view of the above said submission, no cause of action arises for consideration in this writ petition and the same is accordingly closed. No costs. N.V. RAMANA, J Date: 25.06.2009 va