C.Jayakumar vs The Kollam Municipal Corporation
2023 Latest Caselaw 6482 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 38666 OF 2015
PETITIONERS:

    1     C.JAYAKUMAR
          AGED 22 YEARS
          SECRETARY, ACTION COUNCIL, J.K.C.BHAVAN,
          PATTATHANAM-691021, KOLLAM.
    2     SHYJA SANTHOSH
          KORAKKATTUVAYALIL VEEDU, DARSANA NAGAR,
          VADAKKEVILA,PATTATHANAM-691021, KOLLAM.
    3     SHIVAPRASAD.R
          THODIYIL KIZHAKKETHIL, DARSANA NAGAR,
          VADAKKEVILA,PATTATHANAM-691021, KOLLAM.
    4     ANANDU.P.G.
          KADAKAMPALLIL, DARSANA NAGAR, VADAKKEVILA,
          PATTATHANAM-691021, KOLLAM.
          BY ADVS.
          SRI.P.K.VIJAYAMOHANAN
          SRI.ANTONY ROBERT DIAS
          SRI.NISHIL.P.S.
          KUM.P.K.RESHMA KALARICKAL
RESPONDENTS:

    1     THE KOLLAM MUNICIPAL CORPORATION
          REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
          KOLLAM-691001.
    2     THE DISTRICT COLLECTOR
          KOLLAM, CIVIL STATION, KOLLAM-691003.
    3     THE SUB INSPECTOR OF POLICE
          ERAVIPURAM POLICE STATION, ERAVIPURAM, KOLLAM-691011.
    4     RELIANCE JIO INFOCOM LIMITED
          REPRESENTED BY ITS OFFICER IN CHARGE, KMC-3087,
          NEW BLOCK, BISHOP JEROME NAGAR, KOLLAM-691001.
    5     ABDUL RASHEED
          M.K.TRADERS, PARVATHYAR JUNCTION,
          PATTATHANAM-691021, KOLLAM.
          SRI.APPU P.S., GP
          SMT.P.K.RESHMA
          SRI.S.SREEKUMAR, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38666 OF 2015

                                        2


                                 JUDGMENT

Dated this the 13th day of June, 2023

It is submitted by the learned counsel for the petitioners that there

was an interim order passed by this Court which was extended until further

orders on 18.08.2016.

2. The learned counsel appearing for the 4 th respondent submits that the

4th respondent does not intend to set up the transmission equipment and that

the lease with the 5th respondent has therefore been terminated.

3. The learned standing counsel appearing for the Corporation submits

that a statement has been placed on record.

In view of the submissions made by the learned counsel appearing

for the 4th respondent, I am of the opinion that it is unnecessary to consider

the matter on merits. This writ petition is accordingly closed, recording that

the 4th respondent does not intend to set up a telecommunication tower or

any equipment in the premises as complained of in the writ petition.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 38666 OF 2015

APPENDIX OF WP(C) 38666/2015

PETITIONERS' EXHIBITS EXHIBIT-P1: TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.14/2014/ID DATED 15.03.2014 OF THE I.T.DEPARTMENT.

EXHIBIT-P2: THE PHOTOGRAPH OF THE BUILDING OF THE 5TH RESPONDENT.

EXHIBIT-P3: PHOTOGRAPH OF THE WATER TANK PLACED OVER THE BUILDING AND THE CONTROL BOX PLACED IN THE FIRST FLOOR.

EXHIBIT-P4: PHOTOGRAPH OF THE EQUIPMENTS PLACED IN THE WATER TANK.

EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION DATED 17.12.2015 PREFERRED BY THE PETITIONERS BEFORE THE CHAIRMAN, STANDING COMMITTEE (HEALTH) OF THE 1ST RESPONDENT CORPORATION. EXHIBIT-P6: TRUE COPY OF SIMILAR REPRESENTATION DATED 17.12.2015 FILED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR.

EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION DATED 17.12.2015 SUBMITTED BY THE PETITIONERS BEFORE THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION.

RESPONDENTS' EXHIBITS: NIL