Indus Towers Limited vs The District Telecom Committee
2022 Latest Caselaw 6394 Ker

WP(C) NO. 3605 OF 2022          1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       WP(C) NO. 3605 OF 2022
PETITIONER:

          INDUS TOWERS LIMITED
          8TH FLOOR, VANKARATH TOWER, PALARIVATTOM - 682024,
          (REPRESENTED BY ITS HEAD-LEGAL-MR. RAJKUMAR PAVOTHIL,
          S/O. P. NARENDRAN, AGED 41 YEARS, RESIDING AT
          MIDHILA, THAMARAKULANGARA, THRIPUNITHURA).

          BY ADV P.DEEPAK


RESPONDENTS:

    1     THE DISTRICT TELECOM COMMITTEE
          THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN &
          DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM
          - 695043.

    2     MR. ANTO ALIAS
          NEERAJAM, VALIYAVELI P.O, THIRUVANANTHAPURAM -
          695006.

    3     JAMMA GILGANA AUGUSTINE
          TC-99/734, ATTUKAL HOUSE, UNIT - NO. 27, VALIYAVELI
          P.O, THIRUVANANTHAPURAM - 695006.

    4     DOMITLA JAMES
          TC-99/767, ATTUKAL HOUSE, UNIT NO.27, VALIYAVELI P.O,
          THIRUVANANTHAPURAM - 695006.

    5     SHARON LIYO
          TC-99/780, LIYO LAND, UNIT NO.27, VALIYAVELI P.O,
          THIRUVANANTHAPURAM - 695006.

    6     THE STATION HOUSE OFFICER
          THUMBA POLICE STATION, THIRUVANANTHAPURAM - 695586.

    7     ADDL. R7*. HELEENA
          AGED 55 YEARS
          W/O MICHEAL L., TC2/618, M H COTTAGE, VALIAVELI POST,
          THIRUVANANTHAPURAM- 695021.
 WP(C) NO. 3605 OF 2022          2

    8     ADDL. R8*.

          PATRICIA VARGHESE
          AGED 63 YEARS
          W/O P J VARGHESE, TC 81/778, CHRIST BHAVAN, VALIAVELI
          POST, THIRUVANANTHAPURAM-695021.
          *(ADDL R7 AND ADDL R8 ARE IMPLEADAED AS PER ORDER
          DATED 08.04.2022 IN I.A. 1/2022 IN WPC 3605/2022)

          BY ADVS.
          Y.BEYLINE DASY
          G.P.SHINOD
          GOVIND PADMANAABHAN
          AJIT G ANJARLEKAR
          ATUL MATHEWS




          SMT NISHA BOSE, SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3605 OF 2022                 3



                                    JUDGMENT

When this matter was taken up, Smt.Nazrin Banu, the learned counsel

appearing for the petitioner representing Sri.P.Deepak, the learned counsel

submits that the construction has been completed and the Electricity Board has

granted connection as well. The learned counsel submits that she has no

further grievance in this matter.

The said submission is recorded and this writ petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 3605/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED ON 28.07.2021.

Exhibit P2 A TRUE COPY OF THE EMF CERTIFICATION ISSUED ON 30.04.2021.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 02.09.2021 SUBMITTED TO THE FIRST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 01.11.2021.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 02.11.2021 SUBMITTED TO THE FIFTH RESPONDENT TOGETHER WITH THE ACKNOWLEDGEMENT RECEIPT DATED 09.11.2021.

RESPONDENTS' EXHIBITS:

Exhibit R5(A) TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION AND SUPPORTING DOCUMENTS FILED BY THE PETITIONER FOR OBTAINING PERMIT/REGULATION

Exhibit R5(B) TRUE COPY OF THE COMPLAINT FILED BY THE NEIGHBOURS TO THE 1ST RESPONDENT AGAISNT THE PROPOSED CONSTRUCTION OF MOBILE TOWER DATED 06/01/2022

Exhibit R5(C) TRUE COPY OF THE PETITION SUBMITTED BY THE ST. THOMAS CHURCH PARISH COUNCIL TO THE 1ST RESPONDENT DATED 12/01/2022

Exhibit R5(D) TRUE COPY OF THE APPLICATION SUBMITTED BY THE ACTON COUNCIL OF VALIYAVELI ST. THOMAS PARISH TO THE ADM, THIRUVANANTHAPURAM DATED 02/03/2022

Exhibit R5(E) LOCATION PLAN SUBMITTED BY THE PETITIONER TO THE SECRETARY, THIRUVANANTHAPURAM CORPORATION FOR OBTAINING SANCTION FOR MOBILE TOWER CONSTRUCTION

Exhibit R5(F) TRUE COPY OF THE REPORT OF ACTIVITIES CONDUCTED BY THE ST. THOMAS SPORTS AND ARTS CLUB IN THE ST. THOMAS GROUND, VALIYAVELI

Exhibit R7(A) A TRUE COPY OF THE LOCATION PLAN SUBMITTED BY THE PETITIONER.

Exhibit R7(B) A TRUE COPY OF THE RELEVANT PART OF SETTLEMENT DEED NO.1336/2017.

Exhibit R7(C) COLOUR PHOTOGRAPH WITH REGARD TO THE PATHWAY LEADING TO THE SITE OF THE TELECOMMUNICATION TOWER.

Exhibit R7(D) COLOUR PHOTOGRAPH WITH REGARD TO THE PATHWAY SHOWN IN THE SITE PLAN