Indus Towers Limited vs The District Collector
2022 Latest Caselaw 7017 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        WP(C) NO. 21791 OF 2020
PETITIONER:

            INDUS TOWERS LIMITED
            8TH FLOOR, VANKARATH TOWERS, N H BYPASS, PALARIVATTOM,
            KOCHI-24, REPRESENTED BY ITS HEAD LEGAL, RAJ KUMAR
            PAVOTHIL, S/O.NARENDRAN, AGED 41 YEARS, INDUS TOWER
            LIMITED, 8TH FLOOR, VANKARATH TOWER, COCHIN N H BYPASS,
            PALARIVATTOM, EDAPPALLY POST, ERNAKULAM-682024.
            BY ADVS.
            KRISHNA PRASAD. S
            SMT.SINDHU S KAMATH
            SMT.ROHINI NAIR


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            KOTTAYAM, COLLECTORATE, KOTTAYAM-686002.
    2       THE STATION HOUSE OFFICER,
            GANDHI NAGAR POLICE STATION, KOTTAYAM-686008.
    3       THE DISTRICT POLICE CHIEF,
            OFFICE OF DISTRICT POLICE CHIEF, KOTTAYAM, PINCODE-
            686002.
    4       THE KOTTAYAM MUNICIPALITY,
            REPRESENTED BY ITS SECRETARY, KOTTAYAM MUNICIPAL
            OFFICE, YMCA ROAD, KOTTAYAM-686001.
            BY ADV SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY


            BY SRI.T.K.SHAJAHAN-SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.21791 OF 2020

                                 2




                            JUDGMENT

Dated this the 17th day of June, 2022

It is submitted by the learned counsel for

the petitioner that the construction of the tower

could not be completed due to technical reasons.

The writ petition is, accordingly, closed

without prejudice to the right of the petitioner to

move afresh in case of necessity.

Sd/-

ANU SIVARAMAN JUDGE SSK/17/06 W.P.(C)No.21791 OF 2020

APPENDIX

PETITIONER'S EXHIBITS:

A TRUE COPY OF THE COMMUNICATION FROM THE EXHIBIT P1 KERALA STATE TELECOM DISASTER COMMITTEE DATED 24.3.2020.

A TRUE COPY OF THE SNIPPETS OF THE APPLICATION EXHIBIT P2 FOR ISSUANCE OF BUILDING PERMIT DATED 19.3.2019.

A TRUE COPY OF THE RECEIPT OF REMITTANCE OF EXHIBIT P3 APPLICATION FEES DATED 25.3.2019. A TRUE COPY OF THE CIRCULAR NO.88/RD1/2018/LSGD EXHIBIT P4 DATED 23.7.2018.

A TRUE COPY OF THE LETTER SUBMITTED BEFORE THE EXHIBIT P5 MUNICIPAL COUNCIL DATED 11.4.2020. A TRUE COPY OF THE LETTER BEFORE THE 4TH EXHIBIT P6 RESPONDENT DATED 10.5.2019. A TRUE COPY OF THE CIRCULAR PUBLISHED BY THE EXHIBIT P7 GOVERNMENT OF KERALA DATED 7.5.2020. A TRUE COPY OF THE REQUEST FOR POLICE EXHIBIT P8 PROTECTION THROUGH E-MAIL SENT TO THE 2ND RESPONDENT DATED 3.8.2020. A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT FROM EXHIBIT P9 2ND RESPONDENT DATED 3.8.2020. A TRUE COPY OF THE MALAYALA MANORAMA CLIPPING EXHIBIT P10 DATED 6.6.2020.

A TRUE COPY OF THE RESOLUTION PASSED BY THE EXHIBIT P11 BOARD OF DIRECTORS OF THE PETITIONER COMPANY DATED 18.07.2016 A TRUE COPY OF THE POWER OF ATTORNEY DATED EXHIBIT P12 12.06.2020 A TRUE COPY OF THE POWER OF ATTORNEY DAED EXHIBIT P13 12.06.2020.

SSK //TRUE COPY// PA TO JUDGE