The High Court of Kerala granted a request by the petitioners to withdraw writ petition WP(C) No. 12816 of 2022, dismissing it accordingly while reserving their liberty to file a fresh petition.
Permission granted to withdraw the writ petition; petition dismissed as withdrawn with liberty to file fresh petition.
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 MOHAMMED NIAS C.P.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 12816 OF 2022
PETITIONERS:
1 UNNIKRISHNAN T.S.AGED 30 YEARS
S/O.SIVAN T.R., THAYYAPADATH HOUSE, MANAPPILLY,
AYYAMPILLY P.O., ERNAKULAM DISTRICT, PIN - 682
501.
2 N.D.SURESHAGED 64 YEARS
S/O.DASAN, NEELIMATHARA HOUSE, MANAPPILLY,
AYYAMPILLY P.O., ERNAKULAM DISTRICT, PIN - 682
501.
3 CHANDRASEKHARAN K. AGED 69 YEARS S/O.SANKARAN NAIR, MARACHERIL HOUSE, MANAPPILLY, AYYAMPILLY P.O., ERNAKULAM DISTRICT, PIN - 682501.BY ADVS.
M.M.MONAYE
M.PAUL VARGHESE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT INFORMATION TECHNOLOGY DEPARTMENT, THIRUVANANTHAPURAM - 695 001.2THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL
SECTION, NEAR AZHEEKAL SREE VARAHA TEMPLE,
DEVASWOM NADA, CHERAI - 683 514.
3 KUZHUPPILLY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, AYYAMPILLY P.O., ERNAKULAM DISTRICT, PIN - 682 501.4 INDUS TOWERS LIMITED REPRESENTED BY THEIR HEAD (LEGAL), 8TH FLOOR,W.P.(C) No.12816 of 2022
2
VANKARATH TOWERS, PALARIVATTOM, ERNAKULAM - 682
024.
5RAJAMOHAN K.
AGED 69 YEARS
S/O.KRISHNA MENON, ILLICKAL HOUSE, AYYAMPILLY
P.O., ERNAKULAM DISTRICT, PIN - 682 501.
BY ADVS.
Riji Rajendran
R.ROHITH
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
SRI.B.PRAMOD
SMT.SHEEBA - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.12816 of 2022
3
JUDGMENT
Dated this the 4th day of April, 2024
Learned counsel for the petitioners seeks permission
to withdraw this writ petition, reserving the liberty of the petitioners to file a fresh writ petition.
Permission granted. Accordingly, this writ petition is
dismissed as withdrawn reserving the aforesaid liberty.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SSK/04/04
W.P.(C) No.12816 of 2022
4
APPENDIX OF WP(C) 12816/2022
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF JUDGMENT IN WP(C)11497/2020 DATED 11/06/2020. |
|---|---|
Exhibit P2 |
TRUE COPY OF THE STAY ORDER OF THE LSGTRIBUNAL DATED 26/8/2020. |
Exhibit P3 |
TRUE COPY OF THE ORDER OF THE CHAIRMANTELECOM COMMITTEE DATED 29/11/2020. |
Exhibit P4 |
TRUE COPY OF THE JUDGMENT IN WP)C)NO.27549/2020 DATED 31/3/2021. |
Exhibit P5 |
TRUE COPY OF THE ORDER OF THE LSGTRIBUNAL DATED 30/4/2021. |
Exhibit P6 |
TRUE COPY OF THE JUDGMENT OF THE WRITAPPEAL NO.737/2021 DATED 27/05/2021. |
Exhibit P7 |
TRUE COPY OF THE LETTER OF THE GRAMAPANCHAYATH TO THE 2ND RESPONDENTASSISTANTENGINEER,CHERAIDTD.21/6/2021. |
Exhibit P8 |
TRUE COPY OF THE LETTER OF THESECRETARY/PUBLIC INFORMATION OFFICER,KUZHUPPILLY GRAMA PANCHAYATH DATED30/09/2021. |
Exhibit P9 |
A TRUE COPY OF THE JUDGMENT IN WP(C)NO.3220/2021 DATED 3/02/2022. |
Exhibit P10 |
A TRUE COPY OF THE PHOTOGRAPHS OF THEMOBILE TOWER DURING THE TIME OFCONSTRUCTION. |
Exhibit P11 |
A TRUE COPY OF THE PHOTOGRAPHS OF THEMOBILE TOWER AFTER THE CONSTRUCTION. |
Exhibit P12 |
A TRUE COPY OF THE ORDER NO.A3-463/22,DATED 28/02/2022 BY THE KUZHUPPILLYGRAMA PANCHAYAT. |
Exhibit P13 |
A TRUE COPY OF THE COVERING LETTERFORWARDING THE ORDER NO.A3-463/22 DATED |
W.P.(C) No.12816 of 2022
5
28/02/2022 BY THE KUZHUPPILLY GRAMA
PANCHAYAT.
Exhibit P14TRUE COPY OF THIS REPRESENTATION DATED
14/03/2022 BY THE PETITIONERS TO THE 3RD
RESPONDENT.
Exhibit P15TRUE COPY OF THE REPRESENTATION DATED
14/3/2022 SERVED BY THE PETITIONERS TO
THE 2ND RESPONDENT.
Exhibit P16THE TRUE COPY OF THE RTI APPLICATION BY
THE PETITIONERS TO THE 3RD RESPONDENT
DATED 19/03/2022.
Exhibit P17THE TRUE COPY OF THE LETTER OF THE
PANCHAYAT TO THE KSEB DT. 17/3/22.
Exhibit P18THE TRUE COPY OF THIS RTI REPLY FROM THE
3RD RESPONDENT TO THE PETITIONERS, DATED
21/03/2022.
Exhibit P19TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS DATED
23/03/2022 TO THE PANCHAYAT.
RESPONDENT EXHIBITS
Exhibit R4True copy of the building permit issued
by Secretary of the 3rd respondent dated
28.05.2020
Exhibit R4 (a)True copy of Order No. BO CMD Genl No.
2740 of 2015 D D S D6 AE1 Gen 3669 2015
issued by Kerala State Electricity Board
Ltd dated 04.11.2015
PETITIONER EXHIBITS
Exhibit P20TUE COPY OF THE ORDER OF THE TRIBUNAL
FORTHELOCALSELFGOVERNMENT
INSTITUTION INAPPEAL 238/2022 DATED
21.12.2023
Unnikrishnan T.S.
N.D. Suresh
Chandrasekharan K.
State of Kerala
Assistant Engineer
Kuzhuppilly Grama Panchayat
Mohammed Nias C.P.
As recorded by the court registry
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