Radhakrishnan Nair T.S. vs District Telecom Committee - ...
2021 Latest Caselaw 5753 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.3964 OF 2021(U)


PETITIONER:
               RADHAKRISHNAN NAIR T.S., AGED 59 YEARS
               S/O. SANKARAMENON, KRISHNABHAVAN,
               CHATHENKERY P.O., THIRUVALLA,
               PATHANAMTHITTA DISTRICT, PIN-689112.

               BY ADVS.
               SRI.JOSEPH GEORGE
               SMT.NICEY A. MENON
               SRI.P.A.REJIMON

RESPONDENTS:

      1        DISTRICT TELECOM COMMITTEE - PATHANAMTHITTA
               REPRESENTED BY ITS CHAIRMAN (DISTRICT COLLECTOR),
               PATHANAMTHITTA, PIN-689645.

      2        THE CHAIRMAN,
               DISTRICT TELECOM COMMITTEE, (DISTRICT COLLECTOR),
               COLLECTORATE P.O., PATHANAMTHITTA, PIN-689645.

      3        PERINGARA GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, CHATHENKERY P.O.,
               THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689112.

      4        BIJU, AGED 49 YEARS
               S/O. LATE BALAKRISHNAPILLAI, MADHAVAMANDIRAM,
               CHATHENKERY P.O., THIRUVALLA,
               PATHANAMTHITTA DISTRICT, PIN-689112.

      5        RELIANCE JIO INFRATEL PVT. LTD.,
               REPRESENTED BY ITS MANAGER, 32/0/2552-C,
               P.K.TOWER, 1ST FLOOR, MAMANGALAM, NEARYATRI NIWAS,
               PALARIVATTOM P.O., KOCHI-682025.

             BY SHRI.VARGHESE M.EASO, SC
OTHER PRESENT:

               SRI.SANTHOSH MATHEW, SC
               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3964 OF 2021(U)

                                       2




                           J U D G M E N T

Petitioner is aggrieved by the permit granted by

the 3rd respondent Grama Panchayath for construction

of a Mobile Tele Communication Tower by the 5 th

respondent in the property of the 4 th respondent.

Petitioner has submitted Ext.P2 complaint before the

1st respondent which is constituted for considering

such grievances.

Therefore, the writ petition is disposed of

directing the 1st respondent to consider Ext.P2

complaint of the petitioner and to take appropriate

action on it, after affording an opportunity of

hearing to the petitioner as well as respondents 3 to

5, within a period of 'two weeks' from the date of

receipt of a copy of the judgment. Till then further

construction shall be kept in abeyance.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.3964 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF COMPLAINT DATED 9.2.2021 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF COMPLAINT DATED 10.2.2021 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER.