Disposed

Atc Telecom Infrastructure (P) Ltd. v. the District Telecom Committee

Kerala HC21 Dec 2023WP(C)/37382/2022

Case brief

AI extract

What is this about?

Disposing of a writ petition, the Court directed respondents to provide police protection for the petitioner's telecommunication tower construction based on existing building permits and a Collector's order, ruling on documents presented on the return day.

What did the court decide?

Direction to respondents 2 and 3 to provide adequate police protection to petitioner's workers for construction of telecommunication tower if valid permit exists.

Atc Telecom Infrastructure (P) Ltd. Vs the District… — Property and Title | 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 BASANT BALAJI

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THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
WP(C) NO. 37382 OF 2022

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PETITIONER:

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ATC TELECOM INFRASTRUCTURE (P) LTD.
ATC HOUSE, 65/1826-28, CHERAMANGALATH, SHENOY ROAD, KALOOR,
ERNAKULAM DT, KOCHI - 682 017, REPRESENTED BY ITS SENIOR
MANAGER (LEGAL) MR.BABU PATTATHANAM.

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BY ADVS.
SANTHOSH MATHEW
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
KURIAN ANTONY MATHEW

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RESPONDENTS:

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1 THE DISTRICT TELECOM COMMITTEE REPRESENTED BY ITS CHAIRMAN (DISTRICT COLLECTOR), COLLECTORATE, CIVIL STATION ROAD, KOLLAM-691 013.

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2 THE DISTRICT POLICE CHIEF, KOLLAM, KOLLAM DISTRICT, PIN -691 001.

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3 THE STATION HOUSE OFFICER, KOLLAM WEST POLICE STATION, BEHIND TEMPLE ROAD, COLLECTORATE, ANANDAVALEESWARAM, KOLLAM-691 013.

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4 KOLLAM MUNICIPAL CORPORATION, CORPORATION OFFICE, NEAR RAILWAY STATION, KOLLAM DISTRICT, PIN691001 REPRESENTED BY ITS SECRETARY.

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5 THE SECRETARY, KOLLAM MUNICIPAL CORPORATION, CORPORATION OFFICE, NEAR RAILWAY STATION, KOLLAM DISTRICT, PIN-691001.

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6 DR. THOMAS PHILIP, AGED 70 YEARS, S/O LATE K.J.PHILIP, RETD. CIVIL SURGEON, ANJALI HOUSE, HOUSE NO.36, SOWMYATHA NAGAR, THANGASSERY, KOLLAM DISTRICT, PIN-691 007.

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WP(C) NO. 37382 OF 2022

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7 SHRI.JAYANTH KUMAR.K.V, AGED 55 YEARS, S/O K.K.VISWANATHAN, SANTHIN, SOWMYATHA NAGAR, THANGASSERY, KOLLAM DISTRICT, PIN-691 007.

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8 RAJ ANTONY FERIAH, S/O BERTY FERIAH, RESIDING AT 'OUR PALACE', KARUMALI ROAD, THANGASSERY, KOLLAM DISTRICT, PIN-691 007.

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BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.P.SATHEESAN (SR.)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN

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OTHER PRESENT:

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GP SREEJITH V.S

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 37382 OF 2022

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JUDGMENT

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(Dated this the 21^st day of December, 2023)

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The petitioner has approached this Court

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seeking police protection for the construction of a telecommunication tower without any obstruction from respondents 6 to 8 and their supporters on the basis of the Ext.P1 building permit and Ext.P3 order .

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The learned counsel for the petitioner submits that the original building permit has expired and has been subsequently renewed by the Municipality, and it is valid till 30.06.2024.

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Respondents 6 to 8 on receipt of notices appeared through counsel.

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In view of the facts that by Ext.P3, the 1^st respondent has directed the district police to grand adequate protection to the construction of Mobile

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WP(C) NO. 37382 OF 2022

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tower, there will be a direction to the respondents 2 and 3 to provide adequate protection to the petitioner’s workers for the construction of telecommunication tower, if the petitioner is having a valid permit or licence from the authorities.

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With the aforesaid direction, this writ petition is disposed of.

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Sd/BASANT BALAJI JUDGE

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rpr

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WP(C) NO. 37382 OF 2022

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APPENDIX OF WP(C) 37382/2022

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE BUILDING PERMIT NO.
TP.7/22442/2020 DATED 14.8.2020 ISSUED BY THE
RESPONDENT MUNICIPALITY TO THE PETITIONER.
Exhibit P2TRUE COPY OF THE ORDER DATED 15-4-2021 IN
APPEAL NO.45/2021 ISSUED BY THE TRIBUNAL FOR
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM.
Exhibit P3TRUE COPY OF THE ORDER DATED 03-05-2021 ISSUED
BY THE DISTRICT COLLECTOR BASED ON THE ORDER
PASSED BY THE DISTRICT TELECOM COMMITTEE.
Exhibit P4TRUE COPY OF THE JUDGMENT DATED 06-07-2021 IN
W.P(C)NO.11647/2021.

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Exhibit P5TRUE COPY OF THE JUDGMENT IN W.PO
NO.21629/2021 DATED 08-06-2022 OF THIS
HONOURABLE COURT.
Exhibit P6TRUE COPY OF THE REPRESENTATION DATED 20-10-
2022 SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT WITH A COPY TO 3RD RESPONDENT.

Atc Telecom Infrastructure (P) Ltd. v. the District Telecom Committee

Case brief

What is this about?

What did the court decide?

Atc Telecom Infrastructure (P) Ltd. v. the District Telecom Committee

Case brief

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What did the court decide?

What the court decided

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