Citation : 2021 Latest Caselaw 20059 Ker
Judgement Date : 24 September, 2021
WP(C) No.19944/2021 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Friday, the 24th day of September 2021 / 2nd Aswina, 1943
WP(C) NO. 19944 OF 2021(P)
PETITIONER:
M/S. ATC TELECOM INFRASTRUCTURE PVT. LTD., ATC HOUSE, 65/1826-28,
CHERAMANGALATH, SHENOY ROAD, KALOOR, ERNAKULAM DT, KOCHI- 682 017,
REPRESENTED BY ITS SENIOR MANAGER (LEGAL) MR. BABU PATTATHANAM.
RESPONDENTS:
1. PUTHENVELIKKARA GRAMA PANCHAYAT, PUTHENVELIKKARA, ERNAKULAM
DISTRICT, PIN- 683594, REPRESENTED BY ITS SECRETARY
2. THE SECRETARY PUTHENVELIKKARA GRAMA PANCHAYAT, PUTHENVELIKKARA,
ERNAKULAM DISTRICT, PIN- 683594.
3. THE DISTRICT TELECOM COMMITTEE, ERNAKULAM REPRESENTED BY ITS
CHAIRMAN DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD,
ERNAKULAM- 682 030.
4. VARGHESE ANTONY JOBY, S/O. JOSEPH, OLATTUPURATH HOUSE, THURUTHOOR
P.O., PUTHENVELIKKARA, PIN- 683594, ERNAKULAM DISTRICT.
5. VARGHESE, S/O. JOSEPH, KALLARAKKAL HOUSE, THURUTHOOR P.O.,
PUTHENVELIKKARA, PIN- 683594, ERNAKULAM DISTRICT.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 to 3 to not to interfere with the
functioning of the tower of the petitioner citing non issuance of use
certificate, pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S SANTHOSH MATHEW, ARUN THOMAS, JENNIS STEPHEN, KARTHIKA MARIA, ANIL
SEBASTIAN PULICKEL and JAISY ELZA JOE, Advocates for the petitioner ,the
court passed the following
WP(C) No.19944/2021 2/2
ORDER
The petitioner to take out notice to respondents 1 and 2 & 4 to 9 by Speed Post or by e-mail.
The larned Government Pleader to get instructions from the 3rd respondent as to the steps taken pursuant to Exhibit P3.
Post immediately after service is complte.
24.09.2021 Sd/- ANU SIVARAMAN, JUDGE
/TRUE COPY/
ASSISTANT REGISTRAR
Exhibit P3:- TRUE COPY OF THE JUDGMENT DATED 05-07-2021 IN W.P(C) NO. 12268/2021 OF THIS HONOURABLE COURT.
24-09-2021 /True Copy/ Assistant Registrar
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