Kerala High Court
Smt Liji L vs The District Telecom Committee on 29 April, 2025
2025:KER:33394
WP(C) NO. 16095 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
WP(C) NO. 16095 OF 2025
PETITIONER:
1 SMT LIJI L.,
AGED 45 YEARS
W/O JAYARAJ SURI,GOPALASSERY, VADAKEVILA P.O.,KOLLAM
DISTRICT, PIN - 691010
2 SMT SURYAKALA,
AGED 65 YEARS
W/O. GANGADHARAN,GANGALAYAM, MALAYALA NAGAR 23,VADAKEVILA
P.O.,KOLLAM DISTRICT, PIN - 691010
BY ADVS.
T.R.RAJAN
ANOOJ.J
RESPONDENTS:
1 THE DISTRICT TELECOM COMMITTEE,
KOLLAM, REPRESENTED BY ITS CHAIRMAN (THE DISTRICT
COLLECTOR, KOLLAM DISTRICT) , COLLECTORATE, CIVIL STATION
ROAD, KOLLAM DISTRICT, PIN - 691013
2 KOLLAM CORPORATION,
REPRESENTED BY ITS SECRETARY, KOLLAM DISTRICT, PIN - 691001
3 THE SECRETARY,
KOLLAM CORPORATION, KOLLAM DISTRICT, PIN - 69100
4 SREEJITH,
AGED 40 YEARS
KALPANA GARMENTS GOPALASSERY, VADAKEVILA P.O., KOLLAM
TALUK, KOLLAM DISTRICT, PIN - 691010
OTHER PRESENT:
SMT. NIMA JACOB, G. P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:33394
WP(C) NO. 16095 OF 2025
2
S.MANU, J.
--------------------------------------------------
W.P.(C).No.16095 of 2025
-------------------------------------------------
Dated this the 29th day of April, 2025
JUDGMENT
Petitioners are opposing the construction of a Telecom Tower in
the property of the 4th respondent alleging that the same is without
obtaining building permit and also that the soil in the area is loosely
composed where no structuraly stable construction can be done. Property of
the petitioners is lying adjacent to that of the 4 th respondent. According to
the petitioners, if the Telecom Tower is erected in the property of the 4 th
respondent, it would pose threat to their lives and property. Petitioners
have submitted Ext.P4 dated 07.01.2025 before the 1st respondent. They
have approached this Court as no action has been taken yet by the 1 st
respondent.
2. The learned counsel for the petitioners submitted that
the petitioners will be satisfied if the 1st respondent is directed to consider
Ext.P4 in a time bound manner.
3. In view of the limited relief pressed at the time of
2025:KER:33394
WP(C) NO. 16095 OF 2025
hearing and in the nature of the order proposed to be passed, issuing notice
to the respondents is dispensed with.
4. The 1st respondent shall consider Ext.P4 and pass
appropriate orders thereon in accordance with law, within a period of three
weeks from the date of receipt of a copy of this judgment with notice to the
petitioners and the 4th respondent. The above direction shall be subject to
the District Telecom Committee not having sanctioned any application for
police protection submitted for construction of the tower. If police
protection is already sanctioned, status quo shall be maintained till a
decision is taken on Ext.P4 representation.
Writ Petition is disposed of as above.
Sd/-
S.MANU
JUDGE
rp
2025:KER:33394
WP(C) NO. 16095 OF 2025
APPENDIX OF WP(C) 16095/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
19/6/2024 ISSUED BY THE VILLAGE OFFICER,
VADAKEVILA VILLAGE
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 5/1/2025
ISSUED BY THE VILLAGE OFFICER, VADAKEVILA
VILLAGE TO THE 2ND PETITIONER
Exhibit P3 TRUE COPY OF THE PETITION DATED 7/1/2025
SUBMITTED BY THE PETITIONERS BEFORE THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF THE PETITION DATED 7/1/2025
SUBMITTED BY THE PETITIONERS BEFORE THE FIRST
RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGEMENT DATED 24/1/2025 OF
THIS HONOURABLE COURT IN WRIT PETITION(C)NO.
