Unnikrishnan T.S vs State Of Kerala
2024 Latest Caselaw 9632 Ker

Kerala High Court

Unnikrishnan T.S vs State Of Kerala on 4 April, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                  WP(C) NO. 12816 OF 2022
PETITIONERS:

    1     UNNIKRISHNAN T.S.
          AGED 30 YEARS
          S/O.SIVAN T.R., THAYYAPADATH HOUSE, MANAPPILLY,
          AYYAMPILLY P.O., ERNAKULAM DISTRICT, PIN - 682
          501.
    2     N.D.SURESH
          AGED 64 YEARS
          S/O.DASAN, NEELIMATHARA HOUSE, MANAPPILLY,
          AYYAMPILLY P.O., ERNAKULAM DISTRICT, PIN - 682
          501.
    3     CHANDRASEKHARAN K.
          AGED 69 YEARS
          S/O.SANKARAN NAIR, MARACHERIL HOUSE, MANAPPILLY,
          AYYAMPILLY P.O., ERNAKULAM DISTRICT, PIN -
          682501.
          BY ADVS.
          M.M.MONAYE
          M.PAUL VARGHESE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT
          INFORMATION TECHNOLOGY DEPARTMENT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE ASSISTANT ENGINEER
          KERALA STATE ELECTRICITY BOARD, ELECTRICAL
          SECTION, NEAR AZHEEKAL SREE VARAHA TEMPLE,
          DEVASWOM NADA, CHERAI - 683 514.
    3     KUZHUPPILLY GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, AYYAMPILLY P.O.,
          ERNAKULAM DISTRICT, PIN - 682 501.
    4     INDUS TOWERS LIMITED
          REPRESENTED BY THEIR HEAD (LEGAL), 8TH FLOOR,
 W.P.(C) No.12816 of 2022
                                       2


              VANKARATH TOWERS, PALARIVATTOM, ERNAKULAM - 682
              024.
     5        RAJAMOHAN K.
              AGED 69 YEARS
              S/O.KRISHNA MENON, ILLICKAL HOUSE, AYYAMPILLY
              P.O., ERNAKULAM DISTRICT, PIN - 682 501.
              BY ADVS.
              Riji Rajendran
              R.ROHITH
              PHILIP T.VARGHESE
              THOMAS T.VARGHESE
              ACHU SUBHA ABRAHAM
              V.T.LITHA
              K.R.MONISHA
              SHRUTHI SARA JACOB
              SRI.B.PRAMOD
              SMT.SHEEBA - GP



       THIS    WRIT        PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   04.04.2024,       THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.12816 of 2022
                                    3



                              JUDGMENT

Dated this the 4th day of April, 2024

Learned counsel for the petitioners seeks permission

to withdraw this writ petition, reserving the liberty of the

petitioners to file a fresh writ petition.

Permission granted. Accordingly, this writ petition is

dismissed as withdrawn reserving the aforesaid liberty.

Sd/-

MOHAMMED NIAS C.P. JUDGE SSK/04/04

APPENDIX OF WP(C) 12816/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT IN WP(C) 11497/2020 DATED 11/06/2020. Exhibit P2 TRUE COPY OF THE STAY ORDER OF THE LSG TRIBUNAL DATED 26/8/2020.

Exhibit P3 TRUE COPY OF THE ORDER OF THE CHAIRMAN TELECOM COMMITTEE DATED 29/11/2020. Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP)C) NO.27549/2020 DATED 31/3/2021. Exhibit P5 TRUE COPY OF THE ORDER OF THE LSG TRIBUNAL DATED 30/4/2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT OF THE WRIT APPEAL NO.737/2021 DATED 27/05/2021. Exhibit P7 TRUE COPY OF THE LETTER OF THE GRAMA PANCHAYATH TO THE 2ND RESPONDENT ASSISTANT ENGINEER, CHERAI DTD. 21/6/2021.

Exhibit P8 TRUE COPY OF THE LETTER OF THE SECRETARY/PUBLIC INFORMATION OFFICER, KUZHUPPILLY GRAMA PANCHAYATH DATED 30/09/2021.

Exhibit P9 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.3220/2021 DATED 3/02/2022. Exhibit P10 A TRUE COPY OF THE PHOTOGRAPHS OF THE MOBILE TOWER DURING THE TIME OF CONSTRUCTION.

Exhibit P11 A TRUE COPY OF THE PHOTOGRAPHS OF THE MOBILE TOWER AFTER THE CONSTRUCTION. Exhibit P12 A TRUE COPY OF THE ORDER NO.A3-463/22, DATED 28/02/2022 BY THE KUZHUPPILLY GRAMA PANCHAYAT.

Exhibit P13 A TRUE COPY OF THE COVERING LETTER FORWARDING THE ORDER NO.A3-463/22 DATED

28/02/2022 BY THE KUZHUPPILLY GRAMA PANCHAYAT.

Exhibit P14 TRUE COPY OF THIS REPRESENTATION DATED 14/03/2022 BY THE PETITIONERS TO THE 3RD RESPONDENT.

Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 14/3/2022 SERVED BY THE PETITIONERS TO THE 2ND RESPONDENT.

Exhibit P16 THE TRUE COPY OF THE RTI APPLICATION BY THE PETITIONERS TO THE 3RD RESPONDENT DATED 19/03/2022.

Exhibit P17 THE TRUE COPY OF THE LETTER OF THE PANCHAYAT TO THE KSEB DT. 17/3/22. Exhibit P18 THE TRUE COPY OF THIS RTI REPLY FROM THE 3RD RESPONDENT TO THE PETITIONERS, DATED 21/03/2022.

Exhibit P19 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 23/03/2022 TO THE PANCHAYAT. RESPONDENT EXHIBITS Exhibit R4 True copy of the building permit issued by Secretary of the 3rd respondent dated 28.05.2020 Exhibit R4 (a) True copy of Order No. BO CMD Genl No. 2740 of 2015 D D S D6 AE1 Gen 3669 2015 issued by Kerala State Electricity Board Ltd dated 04.11.2015 PETITIONER EXHIBITS Exhibit P20 TUE COPY OF THE ORDER OF THE TRIBUNAL FOR THE LOCAL SELF GOVERNMENT INSTITUTION INAPPEAL 238/2022 DATED 21.12.2023