Petition challenging a gram panchayat's rejection of a mobile tower permit was disposed of as closed since the respondent undertook to cancel the site and lease agreement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 11TH DAY OF JULY 2012/20TH ASHADHA 1934
WP(C).No. 30386 of 2010 (W)
PETITIONER(S):
RESPONDENT(S):
BY ADV. SRI.C.S.RAMANATHAN BY ADV. SRI.JOMY GEORGE BY ADV. SRI.SEBASTIAN THOMAS BY ADV. SRI.M.J.BENNY BY SRI.MATHEWS K.PHILIP,SC, BSNL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).30386/10
APPENDIX
EXHIBITS
P1TRUE COPY OF THE REPRESENTATION DATED 12.8.09 SUBMITTED BEFORE THE 4TH RESPONDENT BY THE PETITIONERS ALONG WITH OTHER RESIDENTS.
P2TRUE COPY OF THE DECISION DATED 11.1.10 OF THE 4TH RESPONDENT
P3TRUE COPY OF THE NOTICE AND MINITES OF THE MEETING OF THE KOTTAPADY GRAMA PANCHAYAT, DATED 16.1.10
P4TRUE COPY OF THE LETTER OF THE KOTTAPADY GRAMA PANCHAYAT DATED 23.4.10 REJECTING THE APPLICATION TO CONSTRUCT A MOBILE TOWER IN THE 5TH RESPONDENT PROPERTY
P5TRUE COPY OF THE OBJECTION FILED BY THE 4TH RESPONDENT BEFORE THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS IN APPEAL NO.466 OF 2010
P6TRUE COPY OF THE ORDER DATED 1.7.2010 IN APPEAL NO.466 OF 2010 OF THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS
P7TRUE COPY OF THE REPRESENTATION DATED 26.9.10 SUBMITTED BY THE PETITIONERS AND OTHER RESIDENTS.
R1(a)- TRUE COPY OF THE ORDER DATED 23.4.10 OF THE SECRETARY
R1(b)- THE COPY OF THE PERMIT DATED 26.8.10 ISSUED BY THE SECRETARY
R1(c)- THE COPY OF THE ORDER DATED 30.10.10 OF THE GOVERNMENT OF KERALA
R1(d)- THE LETTER DATED 2.2.05 OF THE DIRECTOR, RCC.
/true copy/
P.A. To Judge
ANTONY DOMINIC, J
........................................ W.P.(C).30386/2010
Dated this the 11th day of July, 2012
JUDGMENT
Writ petition was filed aggrieved by Ext.P6, an order passed by the Tribunal for Local Self Government Institutions in Appeal No.466/10. That was an appeal filed by the second respondent against an order passed by the Panchayat rejecting its application for permit to construct a telecommunication tower at Nagancherry in Sy.No.90/5A of Thrikariyoor Village, Kothamangalam Taluk.
W.P.(C).30386/10 2
the tower as originally decided. Therefore, petitioner need not have any apprehension that the permit will be obtained and tower will be erected in pursuance to Ext.P6 order passed by the Tribunal for Local Self Government Institutions.
In that view of the matter, recording the aforesaid averments contained in the affidavit in I.A.9279/12, the writ petition is closed.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/ PA To Judge
Kumaran M.K.
Sudharsanan N.V.
Bharath Sanchar Nigam Limited
Kottapady Grama Panchayath
Gigi Cherian
Antony Dominic
As recorded by the court registry
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