Muhammed Sadique T P vs Olavanna Grama Panchayath
2023 Latest Caselaw 10607 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                   WP(C) NO. 13143 OF 2019


PETITIONERS:

    1     MUHAMMED SADIQUE T P
          S/O.KUNHOKKU,
          MUNDANPILAKKAL HOUSE,
          GURUVAYOORAPPAN COLLEGE.P.O.
          OLAVANNA AMSOM, IRINGALLOOR DESOM,
          KOZHIKKODE DISTRICT.

    2     LOPEZH V.K.
          S/O.LOHITHAKSHAN,
          VETTUVEDNKUNNU HOUSE,
          GURUVAYOORAPPANJ COLLEGE.P.O,
          OLAVANNA AMSOM, IRINGALLOOR DESOM,
          KOZHIKKODE DISTRICT.

    3     APPU.V.K.
          S/O.ALAGIRI,
          VETTUVEDANKUNNU HOUSE,
          GURUVAYOORAPPAN COLLEGE.P.O,
          OLAVANNA AMSOM, IRINGALLOOR DESOM,
          KOZHIKODE DISTRICT.

    4     BABBEESH.K.
          S/O.BHASKARAN,
          KALATHIL HOUSE,
          KUNNATHUPALAM,
          GURUVAYOORAPPAN COLLEGE.P.O,
          OLAVANNA AMSOM, IRINGALLOOR DESOM,
          KOZHIKODE DISTRICT.

    5     SHAJ M
          S/O.APPUTTEE,
          MAVOLI HOUSE, KUNNATHUPALAM,
          GURUVAYOORAPPAN COLLEGE.P.O.,
          OLAVANNA AMSOM, IRINGALLOOR DESOM,
          KOZHIKKODE DISTRICT.

          BY ADVS.
          BABU CHERUKARA
          SMT.ROSAMMA MATHEW
          SMT.A.J.LISSYMOL
             SRI.P.A.SALIM


RESPONDENTS:

    1       OLAVANNA GRAMA PANCHAYATH
            OLAVANNA.P.O.
            KOZHIKODE DISTRICT PIN-673019.
            REPRESENTED BY THE SECRETARY.

    2       THE SECRETARY,
            OLAVANNA GRAMA PANCHAYAT,
            OLAVANNA.P.O., KOZHIKODE DISTRICT, PIN-673019.

    3       RELIANCE JIO INFOCOMM LIMITED
            32/0/2552-C, P.K.TOWERS, 1ST FLOOR,
            MAMANGALAM, NEAR YATHRI NIVAS,
            PALARIVATTOM.P.O, ERNAKULAM PIN-682025.

            BY ADVS.
            SRI.ABDUL JALEEL ONATH
            SRI.G.HARIKUMAR (GOPINATHAN NAIR)
            SHRI.AKHIL SURESH
            SRI.M.G.SREEJITH


     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C).No.13143 of 2019
                                       -:3:-




                       BECHU KURIAN THOMAS, J.
                      --------------------------------------
                        W.P.(C).No.13143 of 2019
                      --------------------------------------
                  Dated this the 16th day of October, 2023


                                     JUDGMENT

The limited relief sought for by the petitioners is for a direction

to consider their representation submitted as Ext.P4. Petitioners had

raised objections against the erection of a telecommunication tower in

the property leased by the 3rd respondent pursuant to Ext.P1 license

issued by the Panchayat.

2. In the counter affidavit filed on behalf of the 3 rd respondent, it

is stated that the lease agreement entered into with one

Madhusoodhanan, in whose property the telecommunication tower

was proposed to be erected has been terminated and the 3 rd

respondent has withdrawn from the said proposal.

In view of the aforesaid affidavit, nothing further survives for

consideration in this writ petition and it is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/16.10.23.

W.P.(C).No.13143 of 2019

APPENDIX OF WP(C) 13143/2019

PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT DATED 19/03/2019.

EXHIBIT P2 TRUE COPY O THE NEWS PAPER REPORT DATED 07.03.2019 IN MALAYALA MANORAMA.

EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF ABSTRACT OF THE STUDY REPORT OF MR.K.L.PRAKASH AND OTHERS WITH REGARD TO THE EFFECTS OF MOBILE TOWER RADIATION ON HUMAN HEALTH.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION GIVEN ON 19.03.2019 TO THE 2ND RESPONDENT