Atc Telecom Infrastructure ... vs The District Telecom Committee, ...
2021 Latest Caselaw 13383 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                         WP(C) NO. 34116 OF 2019
PETITIONER:

              ATC TELECOM INFRASTRUCTURE PRIVATE LTD.
              ATC 65/1826-28, ATC HOUSE,
              SHENOY ROAD, KALOOR, COCHIN-682 017,
              REPRESENTED BY SENIOR MANAGER (LEGAL)
              MR BABU PATTATHANAM.

              BY ADVS.
              SANTHOSH MATHEW
              SRI.ARUN THOMAS
              SRI.JENNIS STEPHEN
              SRI.VIJAY V. PAUL
              SMT.KARTHIKA MARIA
              SMT.VEENA RAVEENDRAN
              SRI.ANIL SEBASTIAN PULICKEL
              SMT.DIVYA SARA GEORGE
              SMT.JAISY ELZA JOE



RESPONDENTS:

     1        THE DISTRICT TELECOM COMMITTEE, THIRUVANANTHAPURAM
              REPRESENTED BY ITS CHAIRMAN (DISTRICT COLLECTOR),
              COLLECTORATE, KUDAPPANAKUNNU,
              THIRUVANANTHAPURAM-695 043.

     2        THE DISTRICT POLICE CHIEF,
              THIRUVANANTHAPURAM CITY,
              THIRUVANANTHAPURAM DISTRICT, THYCAUD P.O.,
              THIRUVANANTHAPURAM, KERALA-695 014.

     3        THE STATION HOUSE OFFICER,
              SREEKARYAM POLICE STATION,
              SREEKARYAM P.O.,
              THIRUVANANTHAPURAM-695 017.

     4        MR.SUDHAKARAN,
              PRESIDENT, CHELLAMANGALAM-MUKKILKADA KUDUMBA SAMAJAM,
 WP(C) NO. 34116 OF 2019
                                 2



         VATTAVILA,
         POWDIKONAM P.O.,
         THIRUVANANTHAPURAM-695 588.

    5    MR.SANTHOSH KUMAR,
         SECRETARY, CHELLAMANGALAM-MUKKILKADA KUDUMBA
         SAMAJAM, VATTAVILA, POWDIKONAM P.O.,
         THIRUVANANTHAPURAM-695 588.

    6    THE CORPORATION OF THIRUVANANTHAPURAM,
         VIKAS BHAVAN P.O.,
         LMS VELLAYAMBALAM ROAD,
         THIRUVANANTHAPURAM-695 033,
         REPRESENTED BY ITS SECRETARY.

         BY ADVS.
         SRI.N.NANDAKUMARA MENON (SR.)
         SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION



OTHER PRESENT:

         SRI.N.B.SUNIL NATH, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 34116 OF 2019
                               3




                P.V.KUNHIKRISHNAN, J.
             ===================
               WP(C) No.34116 OF 2019
             ===================
          Dated this the 28th day of June 2021


                      JUDGMENT

The learned counsel for the petitioner submitted that,

the construction is already over and therefore the prayers in

the writ petition are infructuous.

Therefore, this writ petition is dismissed as infructuous.

(Sd/-) P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 34116 OF 2019

APPENDIX OF WP(C) 34116/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE NAME CHANGE CERTIFICATE DATED 26.07.2018 OF THE PETITIONER COMPANY.

EXHIBIT P1(a) TRUE COPY OF THE NAME CHANGE CERTIFICATE DATED 24.12.2018 OF THE PETITIONER COMPANY.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 6TH RESPONDENT DATED 17.02.2017 IN FAVOUR OF THE PETITIONER COMPANY.

EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 22.09.2018 BEFORE THE FIRST RESPONDENT, D.T.C.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS DATED 21.01.2019 ISSUED BY THE 1ST RESPONDENT ON 08.02.2019.

EXHIBIT P5 TRUE COPY OF THE RENEWAL BUILDING PERMIT ISSUED BY THE 6TH RESPONDENT ON 06.12.2019.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 09.12.2019 BEFORE THE 2ND RESPONDENT.

                      // True Copy     //

                         PA to Judge