Sudheesh C.M vs Chairman, District Telecom ...
2021 Latest Caselaw 13155 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                         WP(C) NO. 12572 OF 2021
PETITIONERS:

     1       SUDHEESH C.M
             AGED 39 YEARS
             S/O MADHAVAN NAIR, CHALIL MEETHA, KAVIL PO, NADUVANNUR,
             KOZHIKODE DISTRICT-673614.

     2       NARAYANAN A.K., AGED 55 YEARS, S/O KUNHIKRISHNAN NAIR,
             THIRUPPURATH HOUSE, KAVIL PO., NADUVANNUR, KOZHIKODE
             DISTRICT-673614.

     3       BALAN PM., AGED 70 YEARS, S/O CHANDUKURUP, PUTHIYEDATH
             MEETHAL, KAVIL PO., NADUVANNUR-673614.

     4       MOHANAN C, AGED 46 YEARS, S/O KUNHIRAMAN, CHALIL HOUSE,
             KAVIL PO, NADUVANNUR, KOZHIKODE-673614.

             BY ADVS.
             SRI.ABRAHAM MATHEW (VETTOOR)
             SRI.ANIL ABEY JOSE



RESPONDENTS:

     1       CHAIRMAN, DISTRICT TELECOM AUTHORITY/DISTRICT COLLECTOR,
             KOZHIKODE-673001.


     2       THE SECRETARY, NADUVANNUR GRAMA PANCHAYAT, NADUVANNUR PO.,
             KOZHIKODE-673614.

     3       SUMMIT DIGITEL INFRASTRUCTURE PRIVATE LIMITED, 32/2552-C,
             PK TOWER, 1ST FLOOR, NEAR YATHRI NIVAS MAMANGALAM,
             PALARIVATTOM PO, ERNAKULAM -682025.

             BY GOVT. PLEADER SRI.RAVIKRISHNAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
              ==================
                  W. P. (C) No.12572 of 2021
              ==================
              Dated this the 23rd day of June, 2021

                          JUDGMENT

All that the petitioners seek for is a

direction to the first respondent for an expeditious consideration of the appeal-Ext.P3

dated 26.04.2021 filed by them. The grievance of

the petitioners is with regard to the erection of a

mobile telecommunication tower in their locality.

2. In the nature of the direction sought for, I

do not propose to go into the merits of the

allegations levelled.

3. Without expressing anything on merits, I

dispose of this writ petition directing the first

respondent to consider and pass appropriate orders

on Ext.P3 appeal with due notice to and after

hearing the petitioner and respondents 2 and 3, as

expeditiously as possible.

Sd/-

SATHISH NINAN JUDGE kns/-

                               //True Copy//               P.S. to Judge
 WP(C) NO. 12572 OF 2021
                            APPENDIX
PETITIONER'S EXTS:-

EXT.P1        A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT

DATED 17.03.21 ALONG WITH THE PLAN SUBMITTED BY THE 3RD RESPONDENT FOR OBTAINING BUILDING PERMIT BEFORE THE 2ND RESPONDENT.

EXT.P2 A TRUE COPY OF THE BUILDING PERMIT DATED 20.04.21 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 3RD RESPONDENT.

EXT.P3 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT DATED 26.04.21.

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