The Kerala High Court dismissed a writ petition filed by a mobile infrastructure company challenging the Panchayat's rejection of a building permit renewal, noting the party could reapply.
The writ petition is dismissed with liberty to the petitioner to apply again.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942
WP(C).No.36476 OF 2017(H)
PETITIONER/S:
INDUS TOWERS LTD. CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH47, PALARIVATTOM, KOCHI-24,REPRESENTED BY ITS HEADLEGAL, PREMAKRISHNAN NAIR.
BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENT/S:
1 KURICHY GRAMA PANCHAYAT KURICHY P.O., KOTTAYAM DISTRICT-686549REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY KURICHY GRAMA PANCHAYAT KURICHY P.O., KOTTAYAM DISTRICT-686549.
R1 BY ADV. SRI.M.P.MADHAVANKUTTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).No.36476/2017
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Dated this the 9th day of December, 2020
The writ petition is filed by a mobile infrastructure company challenging Ext.P9 decision of the second respondent-Panchayat rejecting renewal of building permit. 2. As seen from the counter affidavit filed by the
second respondent, rejection of application for renewal of building permit was on the ground that the District
Telecom Committee refused to allow construction of mobile tower in a densely inhabited area. The order of the District Telecom Committee is produced as Ext.P7.
However, there is no challenge to Ext.P7.
W.P.(C).No.36476/2017
-2-
petitioner is proposing to establish a tower, in accordance with law. With liberty as above, the writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ms
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. |
|---|---|
| EXHIBIT P2 | COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. |
| EXHIBIT P3 | COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10.01.2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. |
| EXHIBIT P4 | COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. |
| EXHIBIT P4(A) | TYPED COPY OF EXHIBIT P4. |
| EXHIBIT P5 | COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. |
| EXHIBIT P6 | COPY OF BUILDING PERMIT DATED 25.4.2016 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P7 | COPY OF ORDER NO.H1.4638/2016 DATED 23.02.2017 PASSED BY THE DISTRICT COLLECTOR, KOTTAYAM. |
| EXHIBIT P8 | COPY OF INTERIM ORDER DATED 06.04.2017 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.10618/17. |
| EXHIBIT P9 | COPY OF NOTICE NO. A4-2379/16 DATED 21.10.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. |
INDUS TOWERS LTD.
KURICHY GRAMA PANCHAYAT
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
