Kerala High Court
M/S Reliance Communications ... vs The Aryankavu Grama Panchayat on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 6000 OF 2013
PETITIONER:
M/S RELIANCE COMMUNICATIONS INFRASTRUCTURE LTD
A AND P. ARCADE SAHODARAN AYYAPPAN ROAD, KADAVANTHRA,
COCHIN, REPRESENTED BY ITS AUTHORISED SIGNATORY,
VIJAYARAGHAVAN RAMAMURTHY.
BY ADVS.
SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENTS:
1 THE ARYANKAVU GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, KALTHURUTHY P.O.,
KOLLAM - 691 309.
2 THE SECRETARY
ARYANKAVU GRAMA PANCHAYATH, KALTHURUTHY P.O.,
KOLLAM - 691 309.
BY ADV SRI.B.MOHANLAL - R1 & R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6000 OF 2013
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 6000 of 2013
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Dated this the 01st day of June, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) to issue a writ of certiorari calling for the
records leading to the issuance of Exhibit-P12 and
quash the same;
(ii) to issue a writ of mandamus or any
appropriate writ order or direction, directing the 2 nd
respondent to regularise construction of
telecommunication tower by the petitioner in
Sy.No.392/1,2,3,4 in Aryankavu Village of
Pathanapuram Taluk in Kollam District, without
insisting for production of ownership documents other
than Ext-P2 lease deed;
(iii) to grant such other relief's as this
Honourable Court may deem fit in the circumstances
of this case."[SIC]
2. There is no interim order passed by this Court
in this writ petition. The main challenge in this writ
petition is against Ext.P12 order passed by the 1 st
respondent Panchayat rejecting the prayer of the
WP(C) NO. 6000 OF 2013
petitioner in connection with the construction of a mobile
tower. Ext.P12 order is passed on 12.07.2012. The
counsel appearing for the Panchayat submitted that,
subsequently the petitioner again approached this Court
with another writ petition and that writ petition was also
dismissed by this Court. In the light of the same,
nothing survives in this case.
Therefore, this writ petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 6000 OF 2013
APPENDIX OF WP(C) 6000/2013
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE RELEVANT PAGES OF THE
AGREEMENT FOR SUBSIDY SUPPORT FROM
USO FUND FOR SETTING UP & MANAGING
INFRASTRUCTURE SITES DATED
14.05.2007.
EXHIBIT P2 COPY OF THE LEASE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND THE
TRAVANCORE RUBBER AND TEA COMPANY
LTD.DATED 15.12.2007.
EXHIBIT P3 TRUE COPY OF THE LETTER NO.A3399/07
DATED 4-1-2008 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P4 COPY OF THE RECEIPT EVIDENCING
PAYMENT OF LAND TAX IN THE YEAR 2006
DATED 3-11-2006.
EXHIBIT P5 COPY OF THE STOP MEMO NO.A3-399/07
DATED 08.02.2008 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P6 COPY OF THE COMMUNICATION D.O.NO.30-
148/2009-USF (VOL.XXIX) DATED 20-6-
2011 OF THE ADMINISTRATOR OF
UNIVERSAL SERVICE OBLIGATION FUND TO
THE GOVERNMENT OF KERALA.
EXHIBIT P7 COPY OF THE LETTER DATED 29-9-2011
ISSUED BY THE PRESEIDENT OF THE FIRST
RESPONDENT PANCHAYAT.
EXHIBIT P8 COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE PRESIDENT OF THE ARYANKAVU
PANCHAYAT DATED 2-2-2012.
EXHIBIT P9 COPY OF THE NOTICE NO.A3-399/07 DATED
15-2-2012 ISSUED BY THE 2ND
RESPONDENT.
WP(C) NO. 6000 OF 2013
EXHIBIT P10 COPY OF THE APPLICATION FOR
REGULARISATION SUBMITTED BY THE
PETITIONER DATED 01.12.2011.
EXHIBIT P11 COPY OF THE JUDGMENT IN WP(C) NO.7601
OF 2012 DATED 19-06-2012.
EXHIBIT P12 COPY OF THE ORDER NO.A3-339/2007
DATED 12-07-2012 ISSUED BY THE 2ND
RESPONDENT.
RESPONDENTS EXHIBITS :
EXHIBIT R1(A) THE TRUE COPY OF THE RESOLUTION DATED
15/12/2012 FORWARDED BY THIS
RESPONDENT DATED 02/01/2013 TO THE
GOVERNMENT.
//TRUE COPY//
PA TO JUDGE
