George Joseph Kalayil vs District Telecom Committee
2023 Latest Caselaw 5896 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                  WP(C) NO. 16531 OF 2023
PETITIONER/S:

    1    GEORGE JOSEPH KALAYIL
         AGED 49 YEARS
         S/O. JOSEPH, 420 B, AZHIKAPURAM ROAD,
         KORANCHIRA, MULANTHURUTHY, PIN - 682314
    2    THOMAS N.J
         AGED 48 YEARS
         S/O. JOSEPH, 421/V, AZHIKAPURAM ROAD,
         KORANCHIRA, MULANTHURUTHY, PIN - 682314
         BY ADV C.K.SHERIN


RESPONDENT/S:

    1     DISTRICT TELECOM COMMITTEE
          REPRESENTED BY ITS CHAIRMAN THE DISTRICT
          COLLECTOR, CIVIL STATION,
          ERNAKULAM, PIN - 682030
    2     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, ERNAKULAM,
          PIN - 682030
    3     ADDITIONAL DISTRICT MAGISTRATE
          ERNAKULAM, PIN - 682011
    4     MULANTHURUTHY GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          MULANTHURURTHY, PIN - 682314
    5     RELIANCE JIO INFO COMM. LIMITED
          2ND FLOOR, PUKALAKATTU KARIYATTU TOWER,
          NEAR YATRI NIVAS, MAMANGALAM, PALARIVATTOM,
          REPRESENTED BY ITS AUTHORIZED OFFICER,
          PIN - 682025
    6     JOY N JOHN
          S/O. JOHN, NEDUMATTATHIL HOUSE, WARD NO. 5,
          MULANTHURUTHY PANCHAYATH,
          MULANTHURUTHY, PIN - 682314
                                         -2-
W.P.(C). No. 16531 of 2023



OTHER PRESENT:

                SMT.VIDYA KURIAKOSE, GP,


        THIS       WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON     24.05.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 16531 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 16531 of 2023
                         =============================================================

                      Dated this the 24th day of May, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) To direct the 1st respondent to consider Ext.P2 representation filed by the petitioners along with 15 other families and to shift the tower to the vacant place available in the nearby property;

(ii) To direct the 3rd respondent to consider Ext.P3 representation and inspect the property lying vacant to shift the tower erected by the 5th respondent from the property of the 6th respondent, situates in the middle of the residential colony.

(iii) To dispense with the filling of the translation of the vernacular documents.

(iv) Grant such other or further relief as this Hon'ble Court deems fit to grant in the particular facts and circumstances of this case, including the cost of these proceedings." (sic)

W.P.(C). No. 16531 of 2023

2. When this writ petition came up for consideration, the

counsel for the petitioners submitted that the petitioners will be

satisfied if a direction is issued to consider Ext.P2 by the 1 st

respondent.

3. Heard the Government Pleader also. No notice is

necessary to respondents 4 to 6 at this stage. If they are

aggrieved by any of the directions in this judgment, they are free

to file review petition before this Court.

4. After hearing both sides, I am of the considered

opinion that this writ petition itself can be disposed of directing

the 1st respondent to consider Ext.P2 within a time frame.

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed consider and pass

appropriate orders in Ext.P2, as expeditiously as possible

W.P.(C). No. 16531 of 2023

at any rate within two months from the date of receipt of

a certified copy of this judgment.

2. Before passing final orders, the 1st respondent will give

an opportunity of hearing to the petitioners and

respondents 4 to 6.

3. The petitioners will produce a stamped certified copy

of this judgment together with a copy of this writ petition

before the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 16531 of 2023

APPENDIX OF WP(C) 16531/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 20.04.2023 FILED BEFORE THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 23.04.2023 SENT THROUGH EMAIL BY THE PETITIONERS ALONG WITH OTHER RESIDENTS OF LOCALITY TO THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED 19.05.2023 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE INSTALLATION OF MOBILE TOWER IN THE MIDDLE OF THE RESIDENTIAL AREA AND THE VACANT LAND