Anwar K.P vs District Collector
2023 Latest Caselaw 10665 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. 20923 OF 2019


PETITIONER:

            ANWAR K.P.
            AGED 48 YEARS
            S/O. K. P. IBRAHIM,
            KUNJATHOOR P. O., MANJESHWARAM,
            KASARGOD DISTRICT, PIN - 671323.
            BY ADVS.
            M.S.IMTHIYAZ AHAMMED
            SRI.SHIRAZ ABDULLA


RESPONDENTS:

    1       DISTRICT COLLECTOR,
            COLLECTORATE,
            KASARGOD DISTRICT, PIN - 671121.
    2       THE SECRETARY
            MANJESWARAM GRAMA PANCHAYATH,
            MANJESWARAM P. O.,
            KASARGOD DISTRICT, PIN - 671323.
    3       RELIANCE JIO INFOCOMM LTD.
            P. K. TOWERS, 1ST FLOOR,
            MAMANGALAM, NEAR YATHRI NIVAS,
            PALARIVATTOM P. O., ERNAKULAM - 682025.
            BY ADVS.
            SRI.DEEPU THANKAN
            SRI.G.HARIKUMAR (GOPINATHAN NAIR)
            SHRI.AKHIL SURESH


OTHER PRESENT

            SMT. DEEPA.N, SENIOR GOVERNMENT PLEADER


     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.20923 of 2019
                                    -:2:-




                      BECHU KURIAN THOMAS, J.
                     --------------------------------------
                       W.P.(C).No.20923 of 2019
                     --------------------------------------
                 Dated this the 16th day of October, 2023


                               JUDGMENT

Petitioner has sought for a direction to change the location of the

mobile tower that was proposed to be installed by the 3 rd respondent

in a place called Lakshmi Nivas compound within Manjeswaram Grama

Panchayat.

2. An affidavit has been filed on behalf of the 3 rd respondent

pointing out that, though a lease deed was executed with the owner of

a property relating to erection of the telecommunication tower, which

is the subject matter of the present writ petition, by communication

dated 11.10.2019, the said lease agreement has been terminated.

Copy of the termination letter has been produced as Ext.R3(a). The

affidavit further affirms that, 3rd respondent has no intention to

proceed with the construction of the disputed telecommunication

tower at Lakshmi Nivas compound.

In view of the above affidavit filed by the 3 rd respondent, nothing

further survives for redressal and therefore, this writ petition is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/16.10.23.

W.P.(C).No.20923 of 2019

APPENDIX OF WP(C) 20923/2019

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY PTA -

GVHSS, KUNJATHUR AND MADRASA COMMITTEE.

EXHIBIT P3 (a) COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY PTA -

GVHSS, JALALIYA MASJID AND MADRASA COMMITTEE.

EXHIBIT P4 COPY OF THE LETTER ALONG WITH PANCHAYATH MEETING DECISION SEND BY 2ND RESPONDENT.

EXHIBIT P5 COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT.