Petitioners challenged a telecom tower construction permit alleging illegal land use. The Court held adjudication unnecessary as the matter was pending before the District Telecom Committee.
Writ petition disposed of directing the 4th respondent to take appropriate decision within two months after hearing all parties.
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 N.NAGARESH
TUESDAY, THE 05TH DAY OF JANUARY 2021/15TH POUSHA, 1942
WP(C).No.8621 OF 2019(C)
PETITIONERS:
BY ADVS.
SRI.T.C.SURESH MENON SRI.P.S.APPU
SMT.G.AMBILY
RESPONDENTS:
1 INDUS TOWERS LTD., 8TH FLOOR, VENKARATH TOWER, COCHIN, NH BY PASS, PALARIVATTOM, EDAPPALLY, ERNAKULAM 682 024.
WP(C)No.8621/2019
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PATHANAMTHITTA DISTRICT 689 101.
R1 BY ADV. SRI.PHILIP T.VARGHESE R1 BY ADV. SRI.THOMAS T.VARGHESE R1 BY ADV. SMT.ACHU SUBHA ABRAHAM R1 BY ADV. SMT.V.T.LITHA R1 BY GOVERNMENT PLEADER R3 BY SRI.S.SUBHASH CHAND, SC, THIRUVALLA MUNICIPALITY
GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.8621/2019
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JUDGMENT
Dated this the 5th day of January, 2021
The writ petition has been filed seeking to quash Ext.P1 and direct the 4th respondent to consider objections raised by the petitioners and other residents of the locality where the 1st respondent proposes to install a telecom tower as per Ext.P1 building permit.
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WP(C)No.8621/2019
public interest, contended the learned counsel for the petitioners.
petition is frivolous and the pendency of the writ petition is causing considerable difficulties to the 1st respondent in as much as they cannot start construction of the telecom tower. The writ petition is therefore liable to be dismissed, as the issue is pending before a competent Forum, contended the learned Standing Counsel for the 1st respondent.
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the 4th respondent has gathered information and reports from the 3rd respondent and the 3rd respondent has stated that the site where the telecom tower is proposed is not a 'thodu' or 'road puramboke'. The learned counsel for the 4th respondent submits that the complaint of the 1st respondent is received by the 4th respondent on 04.02.2019 and it was taken for consideration by the District Telecom Committee convened on 11.02.2019. A report was called for from Thiruvalla Municipality as to whether the construction of the telecom tower is in 'thodu puramboke'. Now due to the pendency of the writ petition the 4th respondent has not proceeded with the issue.
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7. Heard.
In the circumstances of the case, this Court deem it not necessary to adjudicate the issue involved in the writ petition now, since the issue is pending before the competent Forum namely District Telecom Committee. Therefore, the writ petition is disposed of directing the 4th respondent to take appropriate decision in the matter in accordance with law after hearing the petitioners, 3rd respondent and other affected parties within a period of two months.
Sd/-
N. NAGARESH JUDGE
ncd
WP(C)No.8621/2019
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APPENDIX
| **PETITIONERS' ** | EXHIBI | TS: | ||
|---|---|---|---|---|
| EXHIBIT P1 | TRUE SKET DATE |
COPY CH OB D 17-0 |
OF TH TAINED 9-2018. |
E BUILDING PERMIT AND BY THE 1ST RESPONDENT |
| EXHIBIT P2 | TRUE 01-2 |
COPY 019. |
OF THE | REPRESENTATIOND ATED 29- |
| EXHIBIT P3 | TRUE 17-0 |
COPY 5-2018 |
OF THE . |
LOCATION SKETCH DATED |
| EXHIBIT P4 | TRUE PTA |
COPY DATED |
OF THE NIL. |
REPRESENTATION FILED BY |
| EXHIBIT P5 | TRUE 3RD |
COPY RESPON |
OF TH DENT DA |
E REPRESENTATION BEFORE TED 31-1-2019. |
| EXHIBIT P6 | TRUE 2019 |
COPY . |
OF THE | RESOLUTION DATED 19-2- |
| EXHIBIT P7 | TRUE | COPY | OF THE | LETTER DATED 26-2-2019. |
| **RESPONDENTS' ** | EXHIBI | TS |
| EXHIBIT R1 | TRUE COPY OF MINUTES OF THE MEETING OF |
|---|---|
| THE 4TH RESPONDENT DATED 22.02.2019. | |
| **EXHIBIT R1(a) ** | TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT |
| DATED 02.03.2019. |
1 issue framed by the court
Whether the writ petition should be adjudicated on merits given the pendency of the issue before the District Telecom Committee.
Anil Kumar E.M.
Reji Mathew
Rajesh Kumar M.S.
Indus Towers Ltd.
M.G. Venugopal
The Secretary, Thiruvalla Municipality
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
