Kerala High Court
M/S.Reliance Jio Infocomm Ltd vs The Kunnamkulam Municipality on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 18576 OF 2015
PETITIONER/S:
M/S.RELIANCE JIO INFOCOMM LTD
CHANDRIKA CHAMBERS, 4TH FLOOR, S.A.ROAD, VYTILLA, KOCHI-682019,
REPRESENTED BY ITS AUTHORISED SIGNATORY, SANAKARAN BOSE.
BY ADVS.
SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENT/S:
1 THE KUNNAMKULAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY, KUNNAMKULAM, THRISSUR DISTRICT-
680 503.
2 THE SECRETARY
KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM,
THRISSUR DISTRICT-680 503.
3 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS
THIRUVANANTHAPURAM-695 001
BY ADVS.
SRI. I.V.PRAMOD, SC, KUNNAMKULAM MUNICIPALITY,
OTHER PRESENT:
SRI.V.N.HARIDAS-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.18576 of 2015
2
JUDGMENT
The petitioner has filed this writ petition challenging Ext.P7
stop memo dated 03.02.2015 by which the establishment of a
mobile tower by the petitioner is directed to be stopped
temporarily by the first respondent.
2. The first respondent had issued Ext.P6 building permit
for establishment of mobile tower to the petitioner and when the
petitioner had been proceeding with the construction, Ext.P7
was issued to the petitioner.
3. Though the petitioner approached the Tribunal for
Local Self Government Institutions, Thiruvananthapuram, the
Tribunal refused to interfere with the matter stating that Ext.P7
is only for forwarding a complaint of the nearby residents. As per
the interim order dated 07.07.2015 this Court had ordered to
keep in abeyance Ext.P7 stop memo.
4. The learned counsel for the petitioner submitted that
the petitioner has completed the establishment of the mobile
W.P.(C)NO.18576 of 2015
tower on the basis of Ext.P6 building permit and the same is in
operation. The counsel for the petitioner pointed out that the
District Telecom Committee is the appropriate authority to decide
in case of any complaint with respect to the establishment of
mobile tower.
5. Hence, I dispose of this writ petition by setting aside
Ext.P7 stop memo issued by the first respondent and giving
liberty to the objectors to approach the District Telecom
Committee in case they have got any subsisting grievance in the
matter.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shgx
W.P.(C)NO.18576 of 2015
APPENDIX OF WP(C) 18576/2015
PETITIONER ANNEXURES
P10 : A TRUE COPY OF THE GO(MS)NO.14/2014/ITD DATED
15-3-2014 ALONG WITH ANNEXURES.
P1 : A TRUE COPY OF THE REGISTRATION CERTIFICATE
NO.370/2011 DATED 23-6-2011 ISSUED BY THE GOVERNMENT
OF INDIA TO THE PETITIONER.
P2 : A TRUE COPY OF THE APPROVAL NO.820-964/07-LR
(VOL-II) DATED 1-1-2013
P3 : A TRUE COPY OF THE APPROVAL NO.820-964/07-
LR(VOL-II) DT. 4-3-2013.
P4 : A TRUE COPY OF THE LICENCE AGREEMENT FOR UNIFIED
LICENCE GRANTED IN FAVOUR OF RELIANCE JIO INFOCOMM
LTD. DATED 21-10-2013.
P5 : A TRUE COPY OF THE RELEVANT PAGES OF THE LEASE
AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND
SRI.SHIBU C.JOB DATED 5-5-2014.
P6 : A TRUE COPY OF THE BUILDING PERMIT NO.E2-
TBA(8248)/2014 DATED 12-12-2014 ISSUED BY THE 1ST
RESPONDENT.
P7 : A TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST
RESPONDENT DATED 3-2-2015.
P8 : A TRUE COPY OF THE ORDER DATED 11-3-2015 IN
UNNUMBERED APPEAL OF THE 3RD RESPONDENT.
P9 : A TRUE COPY OF THE GO(MS)NO.21/2013/ITD DATED
21-8-2013 ALONG WITH GUIDELINES.
P11 : A TRUE COPY OF THE GO(MS)NO.25/2014/ITD DATED
2-8-2014
P12 : A TRUE COPY OF THE GO(MS)NO.31/2014/ITD DATED
5-11-2014.
