S.Kannan vs Shajahan
2021 Latest Caselaw 4012 Ker

WP(C).No.2282 OF 2021(I)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.2282 OF 2021(I)


PETITIONER/S:

      1         S.KANNAN
                AGED 50 YEARS
                S/O. SADASIVAN, ACTION COUNCIL CHAIRMAN, ASOKA
                MANDIRAM, SARGADHARA NAGAR-226, IRAVIPURAM P.O.,
                MUNDAKKAL VILLAGE, KOLLAM-691011.

      2         RUKMINI VIDYADHARAN
                AGED 75 YEARS
                W/O. LATE VIDYADHARAN, ALAKAPURI, SNEHADHARA NAGAR,
                IRAVIPURAM P.O., KOLLAM-691 011.

      3         KAMALUDHEEN
                AGED 55 YEARS
                S/O. KOYAKUTTY, PADIPPURA VEEDU, SNEHADHARA NAGAR,
                IRAVIPURAM P.O., KOLLAM-691 011.

      4         JUBAIRY, AGED 59 YEARS,W/O. MAJEED, MUPRASSERI
                THODIYIL, SARGADHARA NAGAR-226, IRAVIPURAM P.O.,
                MUNDAKKAL VILLAGE, KOLLAM-691 01.

      5         MUMTHAS BEEGAM, AGED 53 YEARS, NANDHANAM,
                SNEHANAGAR-188, IRAVIPURAM P.O., KOLLAM-691 011.

      6         SABU,AGED 50 YEARS
                S/O. ISMAYIL KUNJU, NADAKKAVIL VEEDU, SNEHANAGAR-
                188, IRAVIPURAM P.O., KOLLAM-691 011.

                BY ADVS.
                SMT.V.H.JASMINE
                SRI.JESWIN P.VARGHESE
                SMT.K.P.SURYA

RESPONDENT/S:

      1         SHAJAHAN
                AGED 57 YEARS
                S/O. ISMAYIL KUNJU, BISMILLA MANZIL, NO.203,
                SNEHADHARA NAGAR, IRAVIPURAM P.O., KOLLAM-691 011.
 WP(C).No.2282 OF 2021(I)
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      2      THE DISTRICT TELECOM COMMITTEE (DTC)
             KOLLAM, REPRESENTED BY ITS CHAIRMAN, THE DISTRICT
             COLLECTOR, KOLLAM, COLLECTORATE, COLLECTORATE P.O.,
             KOLLAM-691 013.

      3      THE SECRETARY
             KOLLAM MUNICIPAL CORPORATION, NEAR RAILWAY STATION,
             MUNDAKAL P.O., KOLLAM-691 001.

      4      THE PUBLIC INFORMATION OFFICER
             CORPORATION OFFICE, KOLLAM, NEAR RAILWAY STATION,
             MUNDAKKAL P.O., KOLLAM-691 001.

      5      THE DISTRICT POLICE CHIEF,
             KOLLAM,OFFICE OF DISTRICT POLICE CHIEF, MUNDAKKAL,
             MUNDAKKAL P.O., KOLLAM-691 001.

      6      THE STATION HOUSE OFFICER, ERAVIPURAM POLICE
             STATION, ERAVIPURAM P.O., KOLLAM-691 011.

      7      INDUS TOWERS LIMITED, REPRESENTED BY ITS NODAL
             OFFICER, 8TH FLOOR, VANKARATH TOWER, PALARIVATTOM
             P.O., ERNAKULAM-682 024.

      8      ENVIRONMENTAL ENGINEER
             KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
             OFFICE, KOLLAM P.O., KOLLAM-691 001.


OTHER PRESENT:

             SC SRI.T.NAVEEN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2282 OF 2021(I)
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                                           JUDGMENT

Dated this the 3rd day of February 2021

Petitioners are aggrieved by the construction of mobile

tower near their residence by the 7 th respondent. It is stated

that they have submitted various representations before the

official respondents and since no positive action was taken,

this Writ Petition was filed.

2. Heard the learned counsel for the petitioners as well as

the learned Government Pleader and Sri.P.Sathian, learned

counsel for the 7th respondent.

3. According to the 7th respondent, construction is

completed with all permits from the competent authorities.

However it is seen that petitioners have approached the 2nd

respondent with Exts.P6 and P9 representations. Therefore, there

shall be a direction to the 2nd respondent to consider the

representations Exts.P6 and P9 after affording an opportunity of

hearing to the petitioners as well as respondents 3 and 7 within

a period of 6 weeks from the date of receipt of a copy of the

judgment.

Sd/-

                                                                   P.V.ASHA

rkc                                                                  JUDGE
 WP(C).No.2282 OF 2021(I)





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE PETITION SUBMITTED BY THE

UDAYATHARA RESIDENTS ASSOCIATION DATED 18.6.2020 NO.152/2020.

EXHIBIT P2 TRUE COY OF THE INTERIM ORDER DATED 23.10.2020 IN WPC NO.22721/2020.

EXHIBIT P3 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS DATED 27.10.2020 BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 28.10.2020 SUBMITTED BY IST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RECEIPT FOR EXHIBIT P4 BEARING NO.32065 DATED 28.10.2020 ISSUED BY 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT BEARING NO.237143/2020 DATED 9.11.2020.

EXHIBIT P7 TRUE COPY OF THE INFORMATION NO.E2/R4/32065/2020 DATED 23.11.2020 ISSUED BY 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 1.12.2020 SUBMITTED BY PETITIONERS BEFORE N.K.PREMACHANDRAN, M.P.

EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 18.1.2021 FILED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT.