IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 20923 OF 2019
PETITIONER:
ANWAR K.P.
AGED 48 YEARS
S/O. K. P. IBRAHIM,
KUNJATHOOR P. O., MANJESHWARAM,
KASARGOD DISTRICT, PIN - 671323.
BY ADVS.
M.S.IMTHIYAZ AHAMMED
SRI.SHIRAZ ABDULLA
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE,
KASARGOD DISTRICT, PIN - 671121.
2 THE SECRETARY
MANJESWARAM GRAMA PANCHAYATH,
MANJESWARAM P. O.,
KASARGOD DISTRICT, PIN - 671323.
3 RELIANCE JIO INFOCOMM LTD.
P. K. TOWERS, 1ST FLOOR,
MAMANGALAM, NEAR YATHRI NIVAS,
PALARIVATTOM P. O., ERNAKULAM - 682025.
BY ADVS.
SRI.DEEPU THANKAN
SRI.G.HARIKUMAR (GOPINATHAN NAIR)
SHRI.AKHIL SURESH
OTHER PRESENT
SMT. DEEPA.N, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C).No.20923 of 2019
-:2:-
BECHU KURIAN THOMAS, J.
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W.P.(C).No.20923 of 2019
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Dated this the 16th day of October, 2023
JUDGMENT
Petitioner has sought for a direction to change the location of the mobile tower that was proposed to be installed by the 3 rd respondent in a place called Lakshmi Nivas compound within Manjeswaram Grama Panchayat.
2. An affidavit has been filed on behalf of the 3 rd respondent pointing out that, though a lease deed was executed with the owner of a property relating to erection of the telecommunication tower, which is the subject matter of the present writ petition, by communication dated 11.10.2019, the said lease agreement has been terminated. Copy of the termination letter has been produced as Ext.R3(a). The affidavit further affirms that, 3rd respondent has no intention to proceed with the construction of the disputed telecommunication tower at Lakshmi Nivas compound.
In view of the above affidavit filed by the 3 rd respondent, nothing further survives for redressal and therefore, this writ petition is closed.
Sd/-
BECHU KURIAN THOMAS JUDGE Jka/16.10.23.
W.P.(C).No.20923 of 2019 -:3:- APPENDIX OF WP(C) 20923/2019 PETITIONER'S EXHIBITS EXHIBIT P1 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY PTA -
GVHSS, KUNJATHUR AND MADRASA COMMITTEE. EXHIBIT P3 (a) COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY PTA -
GVHSS, JALALIYA MASJID AND MADRASA COMMITTEE.
EXHIBIT P4 COPY OF THE LETTER ALONG WITH PANCHAYATH MEETING DECISION SEND BY 2ND RESPONDENT. EXHIBIT P5 COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT.