Petitioners seek approbation or specific direction regarding tower construction. Court noted a pending civil suit involving a property owner. Consequently, the writ petition was closed with the power to pass orders left open. No substantive ruling on the merits was delivered.
Writ petition closed; pending decisions left open.
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 MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 26TH DAY OF SEPTEMBER 2022 / 4TH ASWINA, 1944
WP(C) NO.1226 OF 2022
PETITIONERS :-
1 RELIANCE JIO INFOCOMM LTD. PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM, PALARIVATTOM, KOCHI – 682 024., REPRESENTED BY ITS AUTHORIZED SIGNATORY SHRI ARUL KUMAR PUTHUKKUDI. 2 SUMMIT DIGITEL INFRASTRUCTURE PRIVATE LIMITED PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM, PALARIVATTOM, KOCHI – 682 024, REPRESENTED BY ITS AUTHORIZED SIGNATORY SHRI ARUL KUMAR PUTHUKKUDI.
BY ADVS. G.HARIKUMAR (GOPINATHAN NAIR) AKHIL SURESH
RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 DISTRICT POLICE CHIEF CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA – 688 012. 3 THE STATION HOUSE OFFICER CHOONAD - THAZHAVA RD, CHOONAD, ALAPPUZHA – 690 503. 4 SHAJI K. MATHEW KALTHIL HOUSE, KATTANAM, PALLICKAL P. O., ALAPPUZHA – 690 503. 5 RENI THOMAS AAKANATTU VEETIL SION VILLA, KATTANAM, BHARANIKAVU, MAVELIKARA, ALAPPUZHA – 689 101. 6 PRINCE P. JOSHUA CHEMPAKAPALLY THEKKETHIL, KATTANAM, PALLICKAL P. O., ALAPPUZHA – 689 102
WP(C) NO.1226 OF 2022
-: 2 :-
BY ADVS. V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR NITHEESH.M SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1226 OF 2022
-: 3 :-
JUDGMENT
Dated this the 26th day of September, 2022
It is submitted by the learned counsel for the petitioners that
the construction of the tower is complete.
there is a civil suit pending as against the owner of the property.
This writ petition is, therefore, closed leaving open the contentions in the civil suit pending between the 4th respondent and the owner of the property.
Sd/-
ANU SIVARAMAN JUDGE
Jvt/26.9.2022
WP(C) NO.1226 OF 2022
-: 4 :-
APPENDIX OF WP(C) 1226/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF LETTER NO. IT - B1/23/2020-ITD DATED 16.11.2020. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE CIRCULAR NO.AS-25/1/2019-OFFICE OF DIR(AS-V) DATED 21.03.2020. |
| Exhibit P3 | TRUE COPY OF SITE APPROVAL & BUILDING PERMIT NO.A2-BA (13528)/2021 |
| Exhibit P4 | TRUE COPY OF THE EMF CERTIFICATE DATED 1.12.2020. |
| Exhibit P5 | TRUE COPY OF THE SITING CLEARANCE CERTIFICATE DATED 24.12.2020. |
| Exhibit P6 | TRUE COPY OF THE MINUTES OF THE MEETING DATED 13.07.2021. |
| Exhibit P7 | TRUE COPY OF THE ORDER OF THE HON'BLE MUNSIFF COURT, KAYAMKULAM IN IA NO.1/21 INOS NO.216/2021 DATED 03.09.2021. |
| Exhibit P8 | TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT DATED 01.10.2021. |
| Exhibit P9 | A TRUE COPY OF THE FIR DATED 16.12.2021 LODGED BY THE 3RD RESPONDENT. |
| Exhibit P10 | A TRUE COPY OF THE INSTRUCTION FROM KERALA STATE DISASTER COORDINATOR, GOVERNMENT OF INDIA DATED 24.03.2020. |
| Exhibit P11 | TRUE COPY OF THE ORDER IN THE WP(C) NO.18917/2021 DATED 14.09.2021. |
| Exhibit P12 | TRUE COPY OF THE JUDGMENT IN THE WP(C) NO.22312/2021 DATED 12.11.2021 OF THIS HON'BLE COURT. |
WP(C) NO.1226 OF 2022
-: 5 :-
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED TO THE DISTRICT TELECOM COMMITTEE AND ALAPPUZHA BY RESPONDENTS 4 TO 8 AND OTHERS
Exhibit R4(b) TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED TO THE DISTRICT COLLECTOR, ALAPPUZHA BY RESPONDENTS 4 TO 8 AND OTHERS.
Exhibit R4(c) TRUE COPY OF THE PLAINT DATED 01.09.2021 IN O.S.NO.216/2021 ON THE FILE OF THE MUNSIFF'S COURT, KAYAMKULAM.
Exhibit R4(d) TRUE COPY OF THE INTERIM ORDER DATED 3.9.2021 IN I.A.NO.1/2021 IN O.S.NO.216/2021 ON THE FILE OF THE MUNSIFF'S COURT, KAYAMKULAM.
1 issue framed by the court
Whether the writ petition should be closed given the pending civil suit between the 4th respondent and the property owner.
Reliance Jio Infocomm Ltd.
Summit Digitel Infrastructure Private Limited
State of Kerala
District Police Chief
Station House Officer Choonad
Shaji K. Mathew
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
