Mariyamma George vs The State Of Kerala
2021 Latest Caselaw 9512 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                        WP(C).No.21851 OF 2017(F)


PETITIONERS:

      1        MARIYAMMA GEORGE
               W/O.LATE E.U.GEORGE, AGED 70 YEARS, PULIKKALPARAMBIL
               HOUSE, IRATTU NADA, MANNARKKAD P.O., KOTTAYAM.

      2        LALITHA KURUVILA
               AGED 66 YEARS, W/O.THOMAS KURUVILA, THEVARTHUNDIYIL,
               WARD-XV, HOUSE NO.417 A, IRATTU NADA, MANNARKKAD
               P.O., KOTTAYAM.

               BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL
               SELF GOVERNMENT INSTITUTIONS, STATE SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE MANNARKAD GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY, MANNARKAD GRAMA
               PANCHAYAT, MANNARKKAD, KOTTAYAM DISTRICT-686001.

      3        THE DISTRICT TELECOM COMMITTEE
               REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR,
               KOTTAYAM-686001.

      4        INDUS TOWERS
               REPRESENTED BY ITS AUTHORISED REPRESENTATIVE,
               VANKARATH TOWERS, PALARIVATTOM P.O., ERNAKULM-682017.

               R1   & R3 BY   ADV. SRI.K.J.MANURAJ, GP
               R4   BY ADV.   SRI.BIJU.K. MATHEW
               R2   BY ADV.   SRI.DOMSON J.VATTAKUZHY
               R1   BY ADV.   SRI.MATHEW JOHN K
               R1   BY ADV.   SRI.V.PHILIP MATHEW

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21851 OF 2017(F)

                                         2




                         W.P.(C) No.21851 of 2017
                    --------------------------------------------


                                 JUDGMENT

The grievance of the petitioners in the writ petition

concerns the proposal of the fourth respondent to construct a

telecommunication tower in the property referred to in the writ

petition.

2. When the matter was taken up today, the learned

counsel for the fourth respondent submitted that the fourth

respondent does not propose to put up the telecommunication tower in

the site referred to in the writ petition.

In the circumstances, the writ petition is closed recording

the submission made by the learned counsel for the fourth respondent.

Sd/-

                                                  P.B.SURESH KUMAR

Mn                                                        JUDGE
 WP(C).No.21851 OF 2017(F)




                                APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1                  TRUE COPY OF THE PERMIT ISSUED BY THE

SECRETARY OF THE MANNARKKAD GRAMA PANCHAYAT TO THE 4TH RESPONDENT DATED 05-06-2017.

EXHIBIT P2 TRUE COPY OF THE WRITTEN PROTEST SUBMITTED BY THE PRESIDENT OF THE SWARUMA RESIDENTS ASSOCIATION DATED 14-6-2017.

EXHIBIT P3 TRUE COPY OF COMPLAINT SUBMITTED BY THE IRATTUNADA RESIDENTS ASSOCIATION DATED 17- 6-2017.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT, SWARUMA RESIDENTS WELFARE ASSOCIATION DATED 16-06-2017 BEFORE THE DISTRICT COLLECTOR, KOTTAYAM.

EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PRESIDENT OF THE SWARUMA RESIDENTS WELFARE ASSOCIATION TO THE DISTRICT TELECOM COMMITTEE, KOTTAYAM DATED 21-6-2017.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE IRATTUNADA RESIDENTS ASSOCIATION BEFORE THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DATED 17-6-2017.

EXHIBIT P7 TRUE COPY OF THE STOP MEMO ISSUED BY THE SECRETARY OF THE MANNARKKAD GRAMA PANCHAYAT TO THE 4TH RESPONDENT DATED 16-6-2017.

EXHIBIT P8 TRUE COPY OF THE EXPARTE ORDER OF STAY IN IA NO.1077/2017 IN APPEAL NO.571/2017 ON THE FILES OF THE FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 20- 6-2017.

EXHIBIT P9 TRUE COPY OF THE G.O.(MS)NO.14/2014/ITD DATED 15-3-2014.

EXHIBIT P10 TRUE COPY OF THE G.O.(MS)NO.31/2014/ITD DATED 05-11-2014.

EXHIBIT P11 TRUE COPY OF THE G.O.(MS)NO.1/2015.ITD DATED 01-01-2015.

WP(C).No.21851 OF 2017(F)

RESPONDENTS' EXHIBITS:

EXHIBIT R4(A) COPY OF APPLICATION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE SECOND RESPONDENT PANCHAYAT FOR GRANTING PERMIT

EXHIBIT R4(B) COPY OF G.O(MS)24/2016/ITD DATED 16-07-2016 //TRUE COPY// PA TO JUDGE