WP(C) NO. 3605 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 3605 OF 2022
PETITIONER:
INDUS TOWERS LIMITED
8TH FLOOR, VANKARATH TOWER, PALARIVATTOM - 682024,
(REPRESENTED BY ITS HEAD-LEGAL-MR. RAJKUMAR PAVOTHIL,
S/O. P. NARENDRAN, AGED 41 YEARS, RESIDING AT
MIDHILA, THAMARAKULANGARA, THRIPUNITHURA).
BY ADV P.DEEPAK
RESPONDENTS:
1 THE DISTRICT TELECOM COMMITTEE
THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN &
DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM
- 695043.
2 MR. ANTO ALIAS
NEERAJAM, VALIYAVELI P.O, THIRUVANANTHAPURAM -
695006.
3 JAMMA GILGANA AUGUSTINE
TC-99/734, ATTUKAL HOUSE, UNIT - NO. 27, VALIYAVELI
P.O, THIRUVANANTHAPURAM - 695006.
4 DOMITLA JAMES
TC-99/767, ATTUKAL HOUSE, UNIT NO.27, VALIYAVELI P.O,
THIRUVANANTHAPURAM - 695006.
5 SHARON LIYO
TC-99/780, LIYO LAND, UNIT NO.27, VALIYAVELI P.O,
THIRUVANANTHAPURAM - 695006.
6 THE STATION HOUSE OFFICER
THUMBA POLICE STATION, THIRUVANANTHAPURAM - 695586.
7 ADDL. R7*. HELEENA
AGED 55 YEARS
W/O MICHEAL L., TC2/618, M H COTTAGE, VALIAVELI POST,
THIRUVANANTHAPURAM- 695021.
WP(C) NO. 3605 OF 2022 2
8 ADDL. R8*.
PATRICIA VARGHESE
AGED 63 YEARS
W/O P J VARGHESE, TC 81/778, CHRIST BHAVAN, VALIAVELI
POST, THIRUVANANTHAPURAM-695021.
*(ADDL R7 AND ADDL R8 ARE IMPLEADAED AS PER ORDER
DATED 08.04.2022 IN I.A. 1/2022 IN WPC 3605/2022)
BY ADVS.
Y.BEYLINE DASY
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3605 OF 2022 3
JUDGMENT
When this matter was taken up, Smt.Nazrin Banu, the learned counsel appearing for the petitioner representing Sri.P.Deepak, the learned counsel submits that the construction has been completed and the Electricity Board has granted connection as well. The learned counsel submits that she has no further grievance in this matter.
The said submission is recorded and this writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 3605 OF 2022 4 APPENDIX OF WP(C) 3605/2022 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED ON 28.07.2021.
Exhibit P2 A TRUE COPY OF THE EMF CERTIFICATION ISSUED ON 30.04.2021.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 02.09.2021 SUBMITTED TO THE FIRST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 01.11.2021.
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 02.11.2021 SUBMITTED TO THE FIFTH RESPONDENT TOGETHER WITH THE ACKNOWLEDGEMENT RECEIPT DATED 09.11.2021.
RESPONDENTS' EXHIBITS:
Exhibit R5(A) TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION AND SUPPORTING DOCUMENTS FILED BY THE PETITIONER FOR OBTAINING PERMIT/REGULATION Exhibit R5(B) TRUE COPY OF THE COMPLAINT FILED BY THE NEIGHBOURS TO THE 1ST RESPONDENT AGAISNT THE PROPOSED CONSTRUCTION OF MOBILE TOWER DATED 06/01/2022 Exhibit R5(C) TRUE COPY OF THE PETITION SUBMITTED BY THE ST. THOMAS CHURCH PARISH COUNCIL TO THE 1ST RESPONDENT DATED 12/01/2022 Exhibit R5(D) TRUE COPY OF THE APPLICATION SUBMITTED BY THE ACTON COUNCIL OF VALIYAVELI ST. THOMAS PARISH TO THE ADM, THIRUVANANTHAPURAM DATED 02/03/2022 Exhibit R5(E) LOCATION PLAN SUBMITTED BY THE PETITIONER TO THE SECRETARY, THIRUVANANTHAPURAM CORPORATION FOR OBTAINING SANCTION FOR MOBILE TOWER CONSTRUCTION WP(C) NO. 3605 OF 2022 5 Exhibit R5(F) TRUE COPY OF THE REPORT OF ACTIVITIES CONDUCTED BY THE ST. THOMAS SPORTS AND ARTS CLUB IN THE ST. THOMAS GROUND, VALIYAVELI Exhibit R7(A) A TRUE COPY OF THE LOCATION PLAN SUBMITTED BY THE PETITIONER.
Exhibit R7(B) A TRUE COPY OF THE RELEVANT PART OF SETTLEMENT DEED NO.1336/2017.
Exhibit R7(C) COLOUR PHOTOGRAPH WITH REGARD TO THE PATHWAY LEADING TO THE SITE OF THE TELECOMMUNICATION TOWER.
Exhibit R7(D) COLOUR PHOTOGRAPH WITH REGARD TO THE PATHWAY SHOWN IN THE SITE PLAN