K.C.Chacko vs Corporation Of Thiruvananthapuram
2024 Latest Caselaw 19343 Ker

Kerala High Court

K.C.Chacko vs Corporation Of Thiruvananthapuram on 3 July, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

          WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946

                           WP(C) NO. 38981 OF 2015

PETITIONER/S:

            K.C.CHACKO
            AGED 68 YEARS
            S/O.LATE TM CHACKO, RESIDING AT MUKKADAN HOUSE, HOUSE NO.11,
            VRINDAVAN GARDENS RESIDENTS ASSOCIATION, PATTOM,
            THIRUVANANTHAPURAM

            BY ADVS.
            SRI.N.MANOJ KUMAR
            SMT.JAYASREE MANOJ



RESPONDENT/S:

     1      CORPORATION OF THIRUVANANTHAPURAM
            THIRUVANANTHAPURAM 695001, REPRESENTED BY ITS SECRETARY

     2      RELIANCE JIO INFOCOM LIMITED
            3RD FLOOR, PUKALAKKATTU, KARYATTU TOWER, NEAR YATHRI NIVAS,
            MAMANGALAM, PALARIVATTOM, KOCHI 682025, REPRESENTED BY ITS
            REGIONAL MANAGER

     3      V.VINOD @ VINOD VASUDEVAN
            RESIDING AT SAKET, V.H.227, TC.4/24831, PTP ENCLAVE, PATTOM PO,
            THIRUVANANTHAPURAM 695004

            BY ADVS.
            N.NANDAKUMARA MENON (SR.)
            SRI.M.GOPIKRISHNAN NAMBIAR
            SRI.P.K.MANOJKUMAR SC TVPM CORPORATION
            K.JOHN MATHAI
            JOSON MANAVALAN
            KURYAN THOMAS
            PAULOSE C. ABRAHAM
            SUMAN CHAKRAVARTHY



OTHER PRESENT:

            SRI.SUMAN CHAKRAVARTHY-SC


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.07.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.38981 of 2015

                                 2




                           JUDGMENT

The learned counsel for the second respondent submitted

that the second respondent has no intention to establish the

mobile tower in the place, which is the subject matter in the writ

petition.

Recording the above submission, the writ petition is closed.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg W.P.(C)NO.38981 of 2015

APPENDIX OF WP(C) 38981/2015

PETITIONER EXHIBITS

P1:A TRUE COPY OF THE LETTER DATED 02.06.2014 ISSUED BY THE VERINDAVAN GARDENS RESIDENTS ASSOCIATION TO THE 3RD RESPONDENT

P2:TRUE COPY OF THE PETITION DATED 31.05.2014 SUBMITTED BY VRINDAVAN GARDENS RESIDENTS ASSOCIATION BEFORE THE SECRETARY CORPORATION OF THIRUVANANTHAPURAM

P3 A: TRUE PHOTOGRAPH DEPICTING THE MOBILE TOWERS CONSTRUCTED ON THE ROOF TOP OF THE HOUSE BELONGING TO THE 3RD RESPONDENT

P3 B: TRUE PHOTOGRAPH DEPICTING THE MOBILE TOWERS CONSTRUCTED ON THE ROOF TOP OF THE HOUSE BELONGING TO THE 3RD RESPONDENT

P4:A TRUE COPY OF THE REPRESENTATION DATED 07.12.2015 SUBMITTED BY THE VRINDAVAN GARDENS RESIDENTS COLONY BEFORE THE MAYOR OF THIRUVANANTHAPURAM CORPORATION

RESPONDENT EXHIBITS

EXHIBIT R2(A) A TRUE COPY OF THE NOTICE DATED 13.10.2020 FOR TERMINATION OF LEASE DEED ISSUED BY THE PETITIONER HEREIN TO THE OWNER OF THE PROPERTY.