Gtl Infrastructure Limited vs National Highway Authority Of ...
2021 Latest Caselaw 17228 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                  WP(C) NO. 16693 OF 2021
PETITIONER:

          GTL INFRASTRUCTURE LIMITED,
          HAVING ITS REGISTERED OFFICE AT GLOBAL VISION,
          ELECTRONIC SADAN-II MIDC TTC INDUSTRIAL AREA,
          MAHAPE, NAVI MUMBAI-400 710, HAVING ITS CIRCLE
          OFFICE AT DOOR NO.66/4514, PRABHUS TOWER, 2ND
          FLOOR, VEEKSHANAM ROAD, M.G.ROAD, NORTH END,
          ERNAKULAM-682035, REPRESENTED BY ITS CIRCLE HEAD
          AND AUTHORIZED SIGNATORY, M.ESWARAVELAN.
          BY ADV G.SANTHOSH KUMAR (P).


RESPONDENTS:

    1     NATIONAL HIGHWAY AUTHORITY OF INDIA,
          REPRESENTED BY ITS CHAIRMAN G-5 AND 6,
          SECTOR 10, DWARAKA,
          NEW DELHI-110075.
    2     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.
    3     DISTRICT COLLECTOR,
          COLLECTORATE ROAD,
          THAVAKKARA, KANNUR-670002.
    4     THE SPECIAL DEPUTY COLLECTOR(LA),
          NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          THALIPARAMBA, KANNUR-670141.
    5     TAHASILDAR,
          NATIONAL HIGHWAYS AUTHORITY OF INDIA,
          THALIPARAMBA-670141, KANNUR.
    6     VILLAGE OFFICER,
          KALLIASSERI, KALLIASSERI P.O, KANNUR-670562.
                                   2
W.P.(C) No.16693 of 2021


     7      AMINA.K.,
            KAREERAKATH HOUSE, HAJIMOTTA,
            KALLIASSERI P.O, KANNUR-670562.
            SRI.MATHEW JACOB SC

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                       3
W.P.(C) No.16693 of 2021


                   W.P.(C) No.16693 of 2021
              -----------------------------------------------
                           JUDGMENT

The petitioner, a Telecom Infrastructure Provider is

seeking directions to respondents 1, 3, 4 and 5 to grant a

minimum of at least three months time for enabling them to

complete the relocation work of the telecommunication tower

situated in the property of the seventh respondent referred to

in the writ petition.

2. It is seen that an identical case preferred by

another Telecom Infrastructure Provider has been disposed of

by this Court in terms of the judgment in W.P.(C) No.14018 of

2021 granting to the petitioner therein 30 days time to remove

and relocate a similarly placed telecommunication tower.

In the circumstances, this writ petition is disposed of

granting to the petitioners time till 13.09.2021 to remove and

relocate the telecommunication tower, failing which the

respondents would be free to continue the proceedings

initiated against the same.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

W.P.(C) No.16693 of 2021

APPENDIX OF WP(C) 16693/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE AGREEMENT DEED DATED 20.10.2008 ENTERED BETWEEN DISHNET WIRELESS LIMITED AND ONE NOUSHAD.

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 01.12.2008 ISSUED BY THE KALLIASERI PANCHAYAT.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 02.02.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 02.06.2021 ALONG WITH ITS POSTAL RECEIPT DATED 04.06.2021.

Exhibit P5 TRUE COPY OF THE LETTER DATED 23.07.2021 ISSUED BY THE 7TH RESPONDENT ALONG WITH THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 08/07/2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 14.05.2021 IN WPC NO.11077/2021 OF THIS HON'BLE COURT.