Narayanankutty M.G vs The Chalkudy Municipality
2021 Latest Caselaw 16424 Ker

Citation : 2021 Latest Caselaw 16424 Ker
Judgement Date : 5 August, 2021

Kerala High Court

Narayanankutty M.G vs The Chalkudy Municipality on 5 August, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                     WP(C) NO. 20508 OF 2020
PETITIONER:

          NARAYANANKUTTY M.G.
          AGED 69 YEARS,
          S/O. LATE GOPALA MENON P.R.,
          PAINKAL HOUSE, KOODAPPUZHA,
          CHALAKUDY.P.O., THRISSUR,
          CHALAKUDY, KERALA, PIN-680307.

          BY ADVS.
          P.VISWANATHAN (SR.)
          SRI.AJITH VISWANATHAN
          SHRI. SAYED MANSOOR BAFAKHY THANGAL
          SHRI.BALRAM S.A.
          SRI.SHIBU JOSEPH
          SRI.SHAJU AUGUSTINE AKKARA


RESPONDENTS:

    1     THE CHALKUDY MUNICIPALITY,
          CHALAKUDY.P.O., THRISSUR, PIN CODE- 680307,
          REPRESENTED BY ITS SECREARY.
    2     INDUS TOWERS LTD,
          8TH FLOOR, VANKARATH TOWERS,
          COCHIN, N.H BYPASS, PALARIVATTOM,
          EDAPPALLY.P.O.,
          ERNAKULAM, PINCODE-682024.
 Addl.3   THE SECRETARY,
          CHALAKUDY MUNICIPALITY,
          CHALAKUDY.P.O.,
          THRISSUR, PINCODE-680307.

          (ADDL. R3 IMPLEADED AS PER ORDER DATED 27-10-2020
          IN IA 1/2020).
          BY ADVS.
          SRI.M.P.ASHOK KUMAR
          SRI.SANTHOSH MATHEW
          SRI.ARUN THOMAS
          SMT.BINDU SREEDHAR
          SRI.JENNIS STEPHEN
          SHRI.ASIF N
          SRI.VIJAY V. PAUL
          SMT.KARTHIKA MARIA
 WP(C).No.20508/2020

                               2

            SMT.VEENA RAVEENDRAN
            SRI.ANIL SEBASTIAN PULICKEL
            SMT.DIVYA SARA GEORGE
            SMT.JAISY ELZA JOE


        THIS WRIT PETITION    (CIVIL) HAVING COME UP   FOR
   ADMISSION ON 05.08.2021,   THE COURT ON THE SAME    DAY
   DELIVERED THE FOLLOWING:
 WP(C).No.20508/2020

                                   3




                            JUDGMENT

Dated this the 5th day of August, 2021

The petitioner has approached this Court alleging

that a telecommunication tower is constructed by the 2 nd

respondent violating Ext.P3 Building Permit.

2. The specific allegation of the petitioner is that the

building was permitted to be constructed on the northern side

of Anamala-Athirappilly road, but the 2nd respondent has

constructed the telecommunication tower on the southern side.

Therefore, there is a violation of permit condition.

3. The counsel for the respondent stoutly denied the

allegation and stated that the telecommunication tower has

been constructed following the permit conditions and even if

some minor deviation from the approved plan has occurred, it WP(C).No.20508/2020

is condonable and can be regularised as per Rule 17 of the

Kerala Municipality Building Rules, 1999.

4. Going through the pleadings in the writ petition, I

find that the issue has been earlier brought to the

consideration of the District Telecommunication Committee

and the District Telecommunication Committee has permitted

the 2nd respondent to erect the telecommunication tower.

5. However, since the grievance raised by the

petitioner is as regards violation of conditions in Building

Permit and since the petitioner has preferred Ext.P9

representation before the Secretary to the Municipality, this

Court is of the opinion that the ends of justice will be met if the

Secretary, Chalakudy Municipality is directed to consider the

representation and pass appropriate orders thereon in

accordance with law.

In the circumstances, the writ petition is disposed of

directing the additional 3rd respondent-Secretary, Chalakudy

Municipality to consider Ext.P9 representation in accordance WP(C).No.20508/2020

with law. Needless to say the representation shall be

considered with notice to the petitioner and the 2 nd respondent

and after hearing them. A decision in this regard shall be

taken by the 3rd respondent, within a period of two months.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.20508/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 25/06/2019 FILED BY THE 2ND RESPONDENT.

EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE LOCAL PLAN DATED 19/06/2019.

EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE GENERAL BUILDING PERMIT DATED 16/07/2019. EXHIBIT P3(A) THE TRUE PHOTOSTAT COPY OF THE GOVERNMENT CIRCULAR DATED 07/05/2020. EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 16/08/2019 SUBMITTED BY THE RESIDENTS INCLUDING PETITIONER.

EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT DATED 26/08/2019.

EXHIBIT P6 THE TRUE PHOTOSTAT COPY OF THE NOTICE DATED 26/02/2020 ISSUED BY THE 1ST RESPONDENT.

   EXHIBIT P6(A)      THE TRUE PHOTOSTAT COPY OF NOTICE DATED
                      13/03/2020     ISSUED    BY    THE    1ST
                      RESPONDENT.
   EXHIBIT P7         THE COMMISSION REPORT IN OS NO.144/2020

IN THE FILES OF MUNSIFF'S COURT, CHALAKUDY.

EXHIBIT P7(A) THE ROUGH SKETCH PREPARED IN OS NO.144/2020 IN THE FILES OF MUNSIFF'S COURT, CHALAKUDY.

EXHIBIT P8 THE TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 31/07/2020 FILED BY THE PETITIONER.

EXHIBIT P9 THE TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 05/11/2020, SUBMITTED BEFORE THE ADDITIONAL 3RD RESPONDENT. EXHIBIT P10 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 1ST RESPONDENT.

WP(C).No.20508/2020

RESPONDENTS' EXHIBITS:

EXHIBIT R2(A) TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE DISTRICT TELECOM COMMITTEE DATED 22-01-2020 EXHIBIT R2(B) TRUE COPY OF THE REPRESENTATION DATED 28-01-2020 SUBMITTED BY THE 2ND RESPONDENT AND THE RECEIPT FOR ACKNOWLEDGING THE SAME BY THE 1ST RESPONDENT MUNICIPALITY EXHIBIT R2(C) TRUE COPY OF THE PHOTOGRAPHS OF THE MEETING EXHIBIT R2(D) TRUE COPY OF THE REPLY DATED 4-3-2020 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT MUNICIPALITY EXHIBIT R2(E) TRUE COPY OF THE JUDGMENT IN W.P.(c) NO.7128/2020 DATED 9-3-2020 OF THIS HON'BLE COURT EXHIBIT R2(F) TRUE COPY OF THE INJUNCTION ORDER DATED 27-3-2020 IN I.A.NO.1/2020 IN O.S. NO.144/2020 OF THE MUNSIFF COURT, CHALAKKUDY EXHIBIT R2(G) TRUE COPY OF THE COMPLETION CERTIFICATE SUBMITTED BY THE 2ND RESPONDENT BEFORE THE MUNICIPALITY, DATED 10.8.2020 EXHIBIT R2(H) TRUE COPY OF THE RECEIPT ISSUED BY THE MUNICIPALITY DATED 21-8-2020 EVIDENCING THE RECEIPT OF EXT.R2(G)