Disposed

Biniya v. State of Kerala

Kerala HC30 Mar 2023WP(C)/11421/2023

Case brief

AI extract

What is this about?

Petitioners, residents of Thalikulam Panchayat, filed a writ petition aggrieved by the inaction of the 2nd respondent regarding a representation for installing a telecommunication tower by the 4th respondent, questioning the lack of decision on their representation prior to a meeting adjournment.

What did the court decide?

Direction to the 2nd respondent to consider and pass appropriate orders on the representation expeditiously within one month with notice to petitioners and respondents 3 and 4.

Biniya Vs State of Kerala — Environment and Pollution | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945

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WP(C) NO. 11421 OF 2023

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PETITIONER/S:

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1 BINIYA, AGED 38 YEARS W/O SHIHAB, ARAKKAVEETIL HOUSE, THALIKULAM P.O., NAMBIKADAVU, THRISSUR, PIN - 680569

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2 HASEENA, AGED 44 YEARS W/O HABEEB, PANIKKAVEETIL HOUSE, THALIKULAM P.O., NAMBIKADAVU, THRISSUR, PIN - 680569

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3 BINDHU, AGED 45 YEARS W/O SOMAN, KANJIRATHINGAL HOUSE, THALIKULAM P.O.,

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NAMBIKADAVU THRISSUR, PIN - 680569

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4 KOUSALLIA, AGED 58 YEARS W/O CHANDRABOSE, THOTTUNGAL HOUSE, THALIKULAM P.O., NAMBIKADAVU, THRISSUR, PIN - 680569

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BY ADVS.

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J.G.SYAMNATH

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ABY ABRAHAM

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY AND ENVIRONMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DISTRICT TELECOM COMMITTEE THRISSUR, REPRESENTED BY ITS CHAIRMAN, (DISTRICT COLLECTOR), COLLECTORATE, THRISSUR, PIN - 680003

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3 THE THALIKULAM GRAMA PANCHAYAT

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NATTIKA, THALIKKULAM, THRISSUR. REPRESENTED BY ITS SECRETARY, PIN - 680569

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4 BHARTI AIRTEL LTD. N.H. BYE PASS, KUNDANOOR, MARADU P.O., KOCHI. REPRESENTED BY ITS MANAGER, PIN – 682304 R BY GP SMT.DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11421 OF 2023 ..2..

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JUDGMENT

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The petitioners, who are the residents of Ward No.11 in Thalikulam Panchayat in Thrissur District, have approached this Court, being aggrieved by the inaction on the part of the 2^nd respondent in disposing of Ext.P1 representation, with regard to the installation of a tele communication tower by the 4^th respondent, adjacent to their residential area. Pursuant to Ext.P1, though the District Collector has convened a meeting as evident from Ext.P2, there was no representation for the 4^th respondent and therefore, the meeting was adjourned. The grievance of the petitioners is that the 2^nd respondent has not taken any decision on Ext.P1 till date.

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Heard the learned counsel for the petitioners and the learned Government Pleader. In the nature of the direction I propose to issue, notice to the 4^th respondent is

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WP(C) NO. 11421 OF 2023 ..3..

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dispensed with.

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In the facts and circumstances of the case, there will be a direction to the 2^nd respondent to consider and pass appropriate orders on Ext.P1, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment, with notice to the petitioners and respondents 3 and 4. The petitioners shall produce a copy of the writ petition along with the certified copy of the judgment before the 2^nd respondent for compliance.

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The writ petition is disposed of.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 11421 OF 2023 ..4..

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit-P1A TRUE COPY OF THE REPRESENTATION OF THE
PETITIONERS SUBMITTED BEFORE THE 2ND
RESPONDENT DATED 16.03.2023
Exhibit-P2A TRUE COPY OF THE NOTICE DATED
16.03.2023 ISSUED BY THE 2ND RESPONDENT

Biniya v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biniya v. State of Kerala

Case brief

What is this about?

What did the court decide?

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