M/S.Bharat Sanchar Nigam Limited v. State of Tamil Nadu Represented

O R D E R (Made by Dr.G. JAYACHANDRAN,J.) M/s. Bharat Sanchar Nigam Limited, ('BSNL' in short), the petitioner herein, seeks intervention of this Court by way of this writ petition directing respondents 3 to 5 to de-seal the premises namely, RC Towers, bearing Door No. 82/27, Josier Street, Nungambakkam, Chennai - 34, which is now under lock and seal for building plan violation and to permit the petitioner to dismantle and remove the telecom equipment installed in the said premises, now under seal.

¶2Learned counsel for the petitioner states that the building is owned by the 6th respondent and on the objection by the 7th 3\6 respondent, who is a neighbour, the building is now under lock and seal in view of alleged building plan violation. As a consequence, BSNL, which has put up cell phone tower in the building suffers collateral damage.

¶3Learned Standing Counsel, appearing for the Greater Chennai Corporation states that the request of the writ petitioner to de-seal the premises and to dismantle and remove the telecom equipments was not considered by the authorities and since the request for de-sealing the building and to remove the equipments, has not emanated from the owner of the building, the request could not be considered.

¶4The request of the petitioner is only to de-seal the premises to enable them to remove the equipments erected on the building. The impugned communication of the Assistant Executive Engineer, Greater Chennai Corporation dated 10.01.2026 reveals that the building owner has not made any request for de-sealing the premises. Thus, for the omission to make such a request, the tenant, who is the petitioner herein cannot be put to disadvantage and loss. Hence, we are of the view that if the petitioner makes a fresh representation within a period of one week from the date of receipt of a copy of this order along with the consent of the landlord for 4\6 temporary de-sealing of the premises for the limited purpose of removing the equipments, the same may be considered in accordance with law and appropriate orders to be passed by the 3rd respondent as expeditiously as possible.

¶5The writ petition is disposed of accordingly. No costs. Connected W.M.P. is closed. (Dr.G.J.J.) (N.M.J.) nv

12.06.2026 To

¶1The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai – 600 009.

¶2Chennai Metropolitan Development Authority, rep. by its Member Secretary, Chief Executive Officer, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008.

¶3rep. by its Commissioner, Rippon Building, Chennai – 600 003. 5\6 Dr. G. JAYACHANDRAN,J. AND N. MALA,J. nv

¶4The Executive Engineer, Zone IX, Greater Chennai Corporation, No.4, Lake Area, 4th Cross Street, Nungambakkam, Chennai 600 034.

¶5The Assistant Executive Engineer, Zone IX, Unit 26, No.4, Lake Area, 4th Cross Street, Nungambakkam, Chennai – 600 034.

12.06.2026 6\6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.06.2026 CORAM THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE N. MALA & W.M.P. No. 24015 of 2026 M/s. Bharat Sanchar Nigam Limited, (A Government of India Enterprise), rep. by the Assistant General Manager (Legal & RTI), Mrs.T.R. Reshmi, having office at BSNL, Chennai Telephones, No.78, Purasawalkam High Road, Chennai – 600 010. ..Petitioner Vs. 1. State of Tamil Nadu rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai – 600 009. 1\6 2. Chennai Metropolitan Development Authority, rep. by its Member Secretary, Chief Executive Officer, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. 3. rep. by its Commissioner, Rippon Building, Chennai – 600 003. 4. The Executive Engineer, Zone IX, Greater Chennai Corporation, No.4, Lake Area, 4th Cross Street, Nungambakkam, Chennai 600 034. 5. The Assistant Executive Engineer, Zone IX, Unit 26, No.4, Lake Area, 4th Cross Street, Nungambakkam, Chennai – 600 034. 6. Mr.K. Ramanujam 7. Mr.C. Swaminathan ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 5th respondent in No.A.E.E.26/Apl/2026 dated 10.01.2026 and quash the same and direct the respondents to de-seal the premises bearing RC Towers, Door No. 82/27, Josier Street, Nungambakkam, Chennai – 600 034 and grant permission to 2\6 the petitioner for dismantling and removal of its telecom equipment, independently and without insisting upon any request from the owner, within a time frame to be fixed by this Hon'ble Court. For Petitioner :: Mr.P. Mohanraj For Respondents :: Mr.Surendar, Govt. Advocate for R1 Ms.Mirdula Rayan, Standing Counsel for R2 Mr.D.B.R. Prabhu, Standing Counsel for R3 to R5