Reliance Jio Infocomm Limited vs State Of Kerala
2022 Latest Caselaw 6613 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(C) NO. 15429 OF 2022
PETITIONERS:

    1     RELIANCE JIO INFOCOMM LIMITED,
          PUKALAKKATTUKARIYATTU TOWERS, MAMANGALAM, PALARIVATTOM,
          KOCHI-682024 REPRESENTED BY ITS AUTHORIZED SIGNATORY
          SHRI ARUL KUMAR PUTHUKKUDI.
    2     SUMMIT DIGITEL INFRASTRUCTURE PRIVATE LIMITED,
          PUKALAKKATTUKARIYATTU TOWERS, MAMANGALAM, PALARIVATTOM,
          KOCHI-682 024, REPRESENTED BY ITS AUTHORIZED SIGNATORY
          SHRI ARUL KUMAR PUTHUKKUDI.
          BY ADVS.
          G.HARIKUMAR (GOPINATHAN NAIR)
          AKHIL SURESH
RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     DISTRICT POLICE CHIEF
          PAVAMANI RD, TAZHEKKOD, KOZHIKODE-673004
    3     THE STATION HOUSE OFFICER
          NALLALAM POLICE STATION, NH-17 NEAR POPULAR HYUNDAI
          AREEKKAD, NALLALAM, KOZHIKODE-673027.
    4     RAJESH MENON P.,
          SECRETARY, KANIVU RESIDENTS ASSOCIATION
          PALLIKADAVU ROAD, ODUMBRA, KOZHIKODE-673019.
    5     BASHEER C.,
          PRESIDENT, KANIVU RESIDENTS ASSOCIATION
          PALLIKADAVU ROAD, ODUMBRA, KOZHIKODE-673019.
          SRI.T.K.SHAJAHAN, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15429 OF 2022

                                      2


                               JUDGMENT

Dated this the 9th day of June, 2022

It is submitted by the learned counsel for the petitioners that

pursuant to the interim order granted by this Court on 18.05.2022, the

construction of the mobile tower is ongoing.

2. The learned Government Pleader submits that, at present, there is

no law and order situation.

In the above view of the matter, this writ petition is closed. In case

the construction is carried out and completed within a reasonable time

and if the petitioners face any obstruction from the party respondents or

anybody claiming through them, the petitioners may inform the Station

House Officer who shall provide adequate protection.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15429 OF 2022

APPENDIX OF WP(C) 15429/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF LETTER NO. IT-B1/23/2020-ITD DATED 16.11.2020.

Exhibit P2 TRUE COPY OF THE CIRCULAR NO. AS25/1/2019-

OFFICE OF DIR ( AS-V) DATED 21.03.2020. Exhibit P3 A TRUE COPY OF SITE APPROVAL & BUILDING PERMIT NO.: A4-BA (189985)/2021 DATED 03.09.2021.

Exhibit P4 TRUE COPY OF THE EMF CERTIFICATION OF RADIATION ISSUED BY TERM CELL DATED 19.04.2021 .

Exhibit P5 TRUE COPY OF THE MINUTES OF THE MEETING OF DTC DATED 24.02.2021.

Exhibit P6 TRUE COPY OF LETTER OF REQUEST TO 3RD | RESPONDENT DATED 07.03.2022.

Exhibit P7 TRUE COPY OF FIR DATED 12.04.2022. Exhibit P8 TRUE COPY OF THE INSTRUCTION FROM KERALA STATE DISASTER COORDINATOR, GOVERNMENT OF INDIA DATED 24.03.2021.

Exhibit P9 A TRUE COPY OF TRUE COPY OF THE JUDGMENT IN WP (C) NO. 22312/2021 DATED 12.11.2021. Exhibit P10 TRUE COPY OF TRUE COPY OF THE ORDER IN THE WP (C) NO. 18917/2021 DATED 14.09.2021. Exhibit P11 TRUE COPY OF ORDER IN WPC NO.12714 OF 2022 DATED 06.04.2022.

Exhibit P12 TRUE COPY OF ORDER IN W.P (C) 13105 OF 2022 DATED 07.04.2022.

Exhibit P13 TRUE COPY OF ORDER IN W.P (C) 9428 OF 2022 DATED 21.03.2022.

RESPONDENTS' EXHIBITS: NIL