Allowed

Indus Towers Ltd. v. Kollam Corporation

Kerala HC17 Dec 2020WP(C)/39234/2017

Case brief

AI extract

What is this about?

The Court set aside the impugned order rejecting the petitioner's renewal application and directed the Corporation Secretary to renew the building permit for one year from the date of receipt of the certified copy of the judgment.

What did the court decide?

The impugned order is set aside and the respondent is directed to renew the building permit for one year from the date of receipt of a certified copy of this judgment.

Indus Towers Ltd. Vs Kollam Corporation — Specific Performance | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.39234 OF 2017(D)

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PETITIONER:

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INDUS TOWERS LTD, CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL MR. PREMAKRISHNAN NAIR.

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BY ADV. SRI.V.PHILIP MATHEW

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RESPONDENTS:

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1 KOLLAM CORPORATION, OFFICE OF KOLLAM CORPORATION, KOLLAM- 691 572, REPRESENTED BY ITS SECRETARY.

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2 THE CORPORATION SECRETARY, KOLLAM CORPORATION, OFFICE OF KOLLAM CORPORATION, KOLLAM -691 572.

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3 THE TOWN PLANNING OFFICER, KOLLAM CORPORATION, OFFICE OF KOLLAM CORPORATION, KOLLAM -691 572.

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BY ADV. SRI.M.K.CHANDRA MOHAN DAS,SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.39234 OF 2017(D)

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JUDGMENT

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Dated this the 17th day of December 2020

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The petitioner was granted a building permit to construct a telecommunication tower on 28.05.2014. The

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petitioner applied for renewal of the building permit on expiry of the original period of three years. This was rejected by Ext.P8 notice, dated 25.07.2017, by the 3^rd respondent-Town Planning Officer, Kollam stating that the original period would expire on 27.05.2015 and therefore, if it is renewed, that would expire on 27.05.2015.

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On the face of that order, the Court can hold that this is an erroneous order which is legally unsustainable. The petitioner approached the Tribunal for Local Self Government Institutions challenging Ext. P8 notice. That was not entertained by the Tribunal for the reason that there was a delay. Accordingly, the petitioner approached this Court.

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WP(C).No.39234 OF 2017(D)

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Further extension can be given for a period of another one year as per Rule 141 (10) of the Kerala Municipality Building Rules, 1999. The impugned order was passed without any application of mind. Therefore, this Court can interfere with the matter under Article 226 of the

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Constitution of India. Accordingly, the impugned order is set aside.

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In view of the above, there shall be a direction to the 2^nd respondent to renew the building permit for a period of one year, from the date of receipt of a certified copy of this judgment.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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akv

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WP(C).No.39234 OF 2017(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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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 NO.PW9/9227/2014 DATED 28-05-2014
EXHIBIT P7	COPY OF RECEIPT DATED 13-05-2015 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT ACKNOWLEDGING THE RECEIPT OF APPLICATION FOR RENEWAL OF PERMIT
EXHIBIT P8	COPY OF NOTICE/ORDER DATED 25-07-2017 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P9	COPY OF APPEAL MEMORANDUM
EXHIBIT P10	COPY OF I.A NO 1683/2017 FILED THE PETITIONER IN APPEAL NO. 834/2017
EXHIBIT P11	COPY OF ORDER DATED 04-10-2017 PASSED BY THE LSGI TRIBUNAL, THIRUVANANTHAPURAM IN I.A NO 1683/2017 IN APPEAL NO.834/2017
	//TRUE COPY// PA TO JUDGE

Indus Towers Ltd. v. Kollam Corporation

Case brief

What is this about?

What did the court decide?

Indus Towers Ltd. v. Kollam Corporation

Case brief

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