Kerala High Court
Atc Telecom Infrastructure Pvt Ltd vs Union Of India on 3 July, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 35316 OF 2023
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD., (FORMERLY
KNOWN AS WIRELESS TT INFO SERVICE LTD., ESSAR
TELECOM INFRASTRUCTUREPVT LTD AND VIOM NETWORKS
LTD.)
ATC HOUSE, 65/1826-28, CHERAMANGALATH, SHENOY
ROAD, KALOOR, ERNAKULAM, KOCHI - 17, REP. BY HEAD
LEGAL, MS.T.ANURADHA REDDY, AGED 48 YEARS, D/O
T.S.N.LAKSHMI, HM TOWER, 1ST FLOOR, MAGRATH ROAD
JUNCTION BRIGADE ROAD, ASHOK NAGAR, BENGALURU - .,
PIN - 560001
BY ADVS.
P.SATHISAN
JAVED HAIDER
DONA AUGUSTINE
ABHIRAM SUNISH
SHIBU B.S
BIJU P.PAUL
RESPONDENTS:
1 UNION OF INDIA
DEPARTMENT OF INFORMATION AND TECHNOLOGY, SOUTH
DELHI P.O., NEW DELHI-, REPRESENTED BY SECRETARY, PIN
- 110003
2 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O.,, PIN - 695001
2
WPC No.35316/2023 & con .cases
3 SECRETARY
LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P.O.,, PIN - 695001
4 DIRECTOR OF MUNICIPALITIES
SWARAJ BUILDING, NANDANKODE,KAWADIAR POST,
THIRUVANANTHAPURAM -, PIN - 695003
5 SULTHAN BATHERY MUNICIPALITY
SULTHAN BATHERY P.O., WAYANAD - , REP. BY ITS
SECRETARY, PIN - 673592
6 THE SECRETARY
SULTHAN BATHERY MUNICIPALITY, SULTHAN BATHERY
P.O., WAYANAD -, PIN - 673592
BY ADVS.
N.J.ASHWIN
Jayakumar Namboodiri T.V
SMT.K.R.DEEPA,SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).700/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 27822 OF 2020
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD.,
(FORMERLY KNOWN AS VIOM NETWORKS LIMITED), ATC
HOUSE, 65/1826-28, CHERAMANGALATH, SHENOY
ROAD, KALOOR, ERNAKULAM, KOCHI-17, REPRESENTED
BY HEAD LEGAL, BABU PATTATHANAM, AGED 40 YEARS,
S/O. CHANDRAN, RESIDING AT DEVARAGAM MANALUDI,
RAMANATTUKARA P.O., PIN-673633.
BY ADVS.
P.SATHISAN
SMT.DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA,
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O., NEW DELH-110003, REPRESENTED
BY SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-
695001.
3 SECRETARY,
LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 DIRECTOR OF MUNICIPALITIES,
SWARAJ BUILDING, NANDANKODE, KAWDIAR POST,
4
WPC No.35316/2023 & con .cases
THIRUVANANTHAPURAM-695003.
5 PALAKKAD MUNICIPALITY,
MUNCIPAL OFFICE, SANTHI NAGAR, KUNNATHURMEDU,
PALAKKAD P.O., PIN-678001, REPRESENTED BY ITS
SECRETARY.
BY ADVS.
A.K.HARIDAS, CGC
SRI.BINOY VASUDEVAN
SMT.K.R.DEEPA,SPECIALGOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C)35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
5
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 700 OF 2021
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD.,
(FORMERLY KNOWN AS ESSAR TELECOM
INFRASTRUCTURE PVT LTD AND VIOM NETWORKS LTD.),
ATC HOUSE, 65/1826-28, CHERAMANGALATH, SHENOY
ROAD, KALOOR, ERNAKULAM, KOCHI-17, REPRESENTED
BY HEAD LEGAL, BABUPATTATHANAM, AGED 40 YEARS,
S/O CHANDRAN, RESIDING AT DEVARAGAM, MANALUDI,
RAMANATUKARA P O, PIN-673633.
BY ADV P.SATHISAN
RESPONDENTS:
1 UNION OF INDIA,
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P O, NEW DELHI-110003, REPRESENTED
BY ITS SECRETARY.
2 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P O, PIN-
695001.
3 SECRETARY
LOCAL ADMINISTRATION DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM P O, PIN-695001.
4 DIRECTOR OF MUNICIPALITIES
SWARAJ BUILDING, NANDANKODE, KAWADIAR P O,
THIRUVANANTHAPURAM-695003.
6
WPC No.35316/2023 & con .cases
5 MANJERI MUNICIPALITY
MANJERI P O, MALAPPURAM-676121, REPRESENTED BY
ITS SECRETARY.
6 THE SECRETARY
MANJERI MUNICIPALITY, MANJERI P O, MALAPPURAM-
676121.
BY ADVS.
SMT.M.S.KIRAN, CGC
SHRI.R.RANJITH (MANJERI), SC, MANJERI
MUNICIPALITY
SMR.K.R.DEEPA,SPECIAL GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
7
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 1346 OF 2021
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD.
(FORMERLY KNOWN AS WIRELESS TT INFO SERVICE
TLD, ESSAR TELECOM INFRASTRUCTURE PVT LTD AND
VIOM NETWORKS LTD), ATC HOUSE,, 65/1826-28,
CHERAMANGALATH, SHENOY ROAD, KALOOR,
ERNAKULAM, KOCHI-17, REP BY HEAD LEGAL, BABU
PATTATHANAM, AGED 40 YEARS, S/O CHANDRAN,
RESIDING AT DEVARAGAM, MANALUDI,
RAMANATTUKARA P.O.PIN-673 633.
BY ADVS.
P.SATHISAN
SMT.DONA AUGUSTINE
SHRI.PREMAKRISHNAN NAIR M.N.
RESPONDENTS:
1 UNION OF INDIA
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O.NEW DELHI-110 003, REPRESENTED
BY ITS SECRETARY
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O.PIN-695
001.
3 SECRETARY,
LOCAL ADMINISTRATION DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM P.O.PIN-695
001.
8
WPC No.35316/2023 & con .cases
4 DIRECTOR OF MUNICIPALITIES,
SWARAJ BUILDING, NANDANKODE, KAWADIAR
P.O.THIRUVANANTHAPURAM-695 003.
5 TRIPUNITHURA MUNICIPALITY,
MUNICIPAL OFFICE, TRIPUNITHURA P.O.ERNAKULAM
DISTRICT-682 301. REPRESENTED BY ITS SECRETARY.
6 THE SECRETARY,
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O.ERNAKULAM DISTRICT-682 301.
BY ADV K.S.ARUN KUMAR
SHRI.T.C.KRISHNA,SENIOR PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
9
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 1391 OF 2021
PETITIONER:
ATC TELECOME INFRA STRUCTURE PVT. LTD
(FORMERLY KNOWN AS /S. TATA TELECOM SERVICES
LTD., ATC HOUSE, 65/1826-28 CHERAMANGALATH,
SHENOY ROAD KALOOR, ERNAKULAM, KOCHI 17,
REPRESENTED BY HEAD LEGAL, BABU PATTATHANAM,
AGED 40 YEARS, S/O. CHANDRANA, RESIDING AT
DEVARAGAM, MANALUDI, RAMANATTUKARA P.O. 673
633.
BY ADV P.SATHISAN
RESPONDENTS:
1 UNION OF INDIA
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O. NEW DELHI 110 003, REPRESENTED
BY ITS SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O. 695 001.
3 SECRETARY,
LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P.O. 695 001.
4 DIRECTOR OF MUNICIPALITIES,
SWARAJ BUILDING, NANDANKODE, KAWADIAR POST,
THIRUVANANTHAPURAM 695 003.
5 PATHANAMTHITTA MUNICIPALITY,
10
WPC No.35316/2023 & con .cases
PATHANAMTHITTA P.O. PATHANAMTHITTA 689 645,
REPRESENTED BY ITS SECRETARY.
6 THE SECRETARY,
PATHANAMTHTITA MUNICIPALITY, PATHANAMTHITTA
P.O. PATHANAMTHITTA 689 645.
BY ADVS.
K.ARJUN VENUGOPAL, CGC
SHRI.JAMES ABRAHAM, SC, PATHANAMTHITTA
MUNICIPALITY
SMT.K.R.DEEPA,SPECIAL GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
11
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 28401 OF 2021
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT LTD
(FORMERLY KNOWN AS ESSAR TELECOM
INFRASTRUCTURE PVT.LTD. AND VIOM NETWORKS
LTD. ), ATC HOUSE, 65/1826-28, CHERAMANGALATH,
SHENOY ROAD, KALOOR, ERNAKULAM, KOCHI - 17, REP.
BY HEAD LEGAL, BABU PATTATHANAM, AGED 40 YEARS,
S/O.CHANDRAN, RESIDING AT DEVARAGAM, MANALUDI,
RAMANATTUKARA P.O., PIN - 673 633.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O., NEW DELHI - 110 003, REPRESENTED
BY ITS SECRETARY.
2 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 695
001.
3 SECRETARY
LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P.O., PIN - 695 001.
4 DIRECTOR OF MUNICIPALITIES
SWARAJ BUILDING, NANDANKODE, KAWADIAR P.O.,
12
WPC No.35316/2023 & con .cases
THIRUVANANTHAPURAM - 695 003.
5 MANJERI MUNICIPALITY
MANJERI P.O., MALAPPURAM - 676 121, REP. BY ITS
SECRETARY.
6 THE SECRETARY
MANJERI MUNICIPALITY, MANJERI P.O.,
MALAPPURAM - 676 121.
BY ADVS
PRADEEP KUMAR JOHN, CGC
SMT.K.R.DEEPA,SPECIAL GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C). 35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
13
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 1598 OF 2022
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD.,
(FORMERLY KNWON AS WIRELESS TT INFO SERVICE
LTD., ESSAR TELECOM INFRASTRUCTURE PVT. LTD. AND
VIOM NETWORKS LTD.), ATC HOSUE, 65/1826-28,
CHERAMANGALATH, SHENOY ROAD, KALOOR,
ERNAKULAM, KOCHI-17, REPRESENTED BY HEAD
LEAGAL, BABU PATTATHANAM, AGED 40 YEARS,
S/O.CHANDRAN, RESIDING AT DRVARAGAM, MANALUDI,
RAMANATTUKARA P.O., PIN-673 633.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
SHIBU B.S
RESPONDENTS:
1 UNION OF INDIA,
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O., NEW DELHI-110 003, REPRESENTED
BY ITS SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
3 SECRETARY, LOCAL ADMINISTRATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-695
001.
4 DIRECTOR OF MUNICIPALITIES,
14
WPC No.35316/2023 & con .cases
SWARAJ BUILDINGS, NANDAKODE, KAWADIAR P.O.,
THIRUVANANTHAPURAM-695 003.
5 VADAKARA MUNICIPALITY,
HHXM+5XX, PERINGADI VAYALIL, VADAKARA P.O.,
KOZHIKODE-673 101, REPRESNETED BY ITS SECRETARY.
6 THE SECRETARY, VADAKARA MUNICIPALITY,
HHXM+5XX, PERINGADI VAYALIL, VADAKARA P.O.,
KOZHIKODE-673 101.
BY ADV SHRI.VISHNU PRADEEP, CGC
SMT.K.R.DEEPA,SPECIAL GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
15
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 11113 OF 2022
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD.,
(FORMERLY KNOWN AS WIRELESS TT INFO SERVICE
LTD., ESSAR TELECOM INFRASTRUCTURE PVT. LTD. AND
VIOM NETWORKS LTD.), ATC HOUSE, 65/1826-28,
CHERAMANGALATH, SHENOY ROAD, KALOOR,
ERNAKULAM, KOCHI-17, REPRESENTED BY HEAD LEGAL,
BABU PATTATHANAM, AGED 40 YEARS, S/O.CHANDRAN,
RESIDING AT DEVARAGAM, MANALUDI,
RAMANATTUKARA P.O., PIN-673 633.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA,
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O., NEW DELHI-110 003, REPRESENTED
BY ITS SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-695
001.
3 SECRETARY, LOCAL ADMINISTRATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-695
001.
4 DIRECTOR OF MUNICIPALITIES,
16
WPC No.35316/2023 & con .cases
SWARAJ BUILDING, NANDANKODE, KAWADIAR P.O.,
THIRUVANANTHAPURAM-695 003.
5 KOLLAM MUNICIPALITY,
KOLLAM MUNICIPAL OFFICE, NH 66, NEAR RAILWAY
STATION, STAIDUM BACK ROAD, KARBALA, KOLLAM-691
001, REPRESENTED BY ITS SECRETARY.
6 THE SECRETARY,
KOLLAM MUNICIPALITY, KOLLAM MUNICIPAL OFFICE,
NH 66, NEAR RAILWAY STATION, STADIUM BACK ROAD,
KARBALA, KOLLAM-691 001.
BY ADVS.
KARTHIK S.A., CGC
SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT
SMT.K.R.DEEPA,SPECIAL GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C). 35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
17
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 11221 OF 2022
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD.
(FORMERLY KNOWN AS VIOM NETWORKS LTD), ATC
HOUSE, 65/1826-28 CHERAMANGALATH, SHENOY ROAD,
KALOOR, ERNAKULAM , KOCHI 17, REP. BY HEAD LEGAL,
BABU PATTATHANAM, AGED 40 YEARS, S/O. CHANDRAN,
RESIDING AT DEVARAGAM, MANALUDI,
RAMANATTUKARA P.O., 673 633.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
SHIBU B.S
RESPONDENTS:
1 UNION OF INDIA
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O, NEW DELHI 110003, REPRESENTED
BY ASSISTANT SOLICITOR GENERAL.
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3 SECRETARY,
LOCAL ADMINISTRATION DEPARTMENT , SECRETARIAT,
THIRUVANANTHAPURAM P.O, 695 001.
4 DIRECTOR OF MUNICIPALITES,
SWARAJ BUILDING, NANDAN KODE, KAWADIAR POST,
THIRUVANANTHAPURAM 695 003.
18
WPC No.35316/2023 & con .cases
5 TIRUR MUNICIPALITY,
TRIKANDIYUR P.O., MALAPPURAM 676 104, REP. BY ITS
SECRETARY.
6 SECRETARY,
TIRUR MUNICIPALITY, TRIKANDIYUR P.O.,
MALAPPURAM 676 104.
BY SENIOR PANEL COUNSEL SRI. T.C. KRISHNA
BY SPECIAL GOVERNMENT PLEADER SMT. K.R.DEEPA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
19
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 14049 OF 2022
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT LTD
(FORMERLY KNOWN AS ATC TELECOM TOWER
CORPORATION AND ESSAR TELECOM INFRASTRUCTURE
PVT. LTD., VIOM NETWORKS LTD AND WIRELESS TT
INFO SERVICES LTD.), ATC HOUSE, 65/1826 28,
CHERAMNAGALATH, SHENOY ROAD, KALOOR, KOCHI - 17
REP. BY HEAD - LEGAL, BABUPATTATHANAM, AGED 40
YEARS, S/O CHANDRAN, RESIDING AT DEVARAGAM,
MANALUDI, RAMANATTUKARA P.O. PIN- 673633.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O., NEW DELHI-110003, REPRESENTED
BY ITS SECRETARY
2 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN -
695001.
3 THE SECRETARY
LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P.O., PIN- 695001.
4 DIRECTOR OF MUNCIPALITIES,
SWARAJ BUILDING,NANADANKODE,KOWDIAR POST
THIRUVANANTHAPURAM-695 033.
5 SHORNUR MUNCIPALITY,
20
WPC No.35316/2023 & con .cases
SHORNUR P.O,PALAKKAD-679121
REP.BY ITS SECRETARY
6 THE SECRETARY,
SHORNUR MUNCIPALITY,
SHORNUR.P.O,PALAKKAD-679121
BY SENIOR PANEL COUNSEL SRI. T.C. KRISHNA.
BY SPECIAL GOVERNMENT PLEADER SMT. K.R.DEEPA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
21
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 31740 OF 2023
PETITIONER:
1 ATC TELECOM INFRASTRUCTURE PVT. LTD
(FORMERLY KNOWN AS WIRELESS TT INFO SERVICE
LTD., ESSAR TELECOM INFRASTRUCTUREPVT LTD AND
VIOM NETWORKS LTD.), ATC HOUSE, 65/1826-28,
CHERAMANGALATH, SHENOY ROAD, KALOOR,
ERNAKULAM, KOCHI - REP. BY HEAD LEGAL,
MS.T.ANURADHA REDDY, AGED 48 YEARS, D/O
T.S.N.LAKSHMI, HM TOWER, 1ST FLOOR, MAGRATH
ROAD JUNCTION BRIGADE ROAD, ASHOK NAGAR,
BENGALURU - 560001, PIN - 682017
2 K. PAVITHRAN
AGED 87 YEARS
S/O. KARTHIKEYAN, CHETTIKUDI VEEDU,
CHIRAKKADAVAM P.O., KAYAMKULAM- ., PIN - 690502
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
JAVED HAIDER
ABHIRAM SUNISH
SHIBU B.S
BIJU P.PAUL
RESPONDENTS:
1 UNION OF INDIA,
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O., NEW DELHI-, REPRESENTED BY ITS
SECRETARY, PIN - 110003
22
WPC No.35316/2023 & con .cases
2 STATE OF KERALA
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
P.O., ., PIN - 695001
3 SECRETARY
LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P.O., PIN- ., PIN - 695001
4 DIRECTOR OF MUNICIPALITIES
SWARAJ BUILDING, NANDANKODE, KAWADIARP.O.,
THIRUVANANTHAPURAM -, PIN - 695003
5 KAYAMKULAM MUNICIPALITY
KAYAMKULAM P.O., ALAPPUZHA, KERALA , REP. BY ITS
SECRETARY, PIN - 690502
6 THE SECRETARY
KAYAMKULAM MUNICIPALITY, KAYAMKULAM P.O.,
ALAPPUZHA, KERALA, PIN - 690502
BY ADVS
RAJAN T R
SMT.DEEPA.K.R,SPECIAL GOVERNMENT PELADER
SENIOR PANEL COUNSEL SRI. T.C.KRISHNA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
23
WPC No.35316/2023 & con .cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 206 OF 2022
PETITIONER:
ATC TELECOM INFRASTRUCTURE PVT. LTD.,
(FORMERLY KNOWN AS ESSAR TELECOM
INFRASTRUCTURE PVT LTD, AND VIOM NETWORKS LTD),
ATC HOUSE, 65/1826-28, CHERAMANGALATH, SHENOY
ROAD, KALOOR, ERNAKULAM, KOCHI 17, REP. BY HEAD
LEGAL, BABU PATTATHANAM, AGED 40 YEARS, S/O.
CHANDRAN, RESIDING AT DEVARAGAM, MANALUDI,
RAMANATTUKARA P.O., 673 633.
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA,
DEPARTMENT OF INFORMATION AND TECHNOLOGY,
SOUTH DELHI P.O., NEW DELHI 110003, REPRESENTED
BY ITS SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O., 695 001
3 SECRETARY,
LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM P.O., 695 001.
4 DIRECTOR OF MUNICIPALITES,
SWARAJ, BUILDING, NANDANKODE, KAWADIAR P.O.,
THIRUVANANTHAPURAM 695 003.
24
WPC No.35316/2023 & con .cases
5 KASARAGOD MUNICIPALITY,
KASARGOD P.O., 671 121, REP. BY ITS SECRETARY.
6 THE SECRETARY,
KASARAGOD MUNICIPALITY, KASARGODE P.O.,
KASARGODE 671 121.
BY ADVS.
SHRI.VISHNU PRADEEP, CGC
SHRI.MATHEW B. KURIAN, SC, KASARAGOD
MUNICIPALITY
VISHNU PRADEEP
SMT.K.R.DEEPA,SPECIAL GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2024, ALONG WITH WP(C).35316/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
25
WPC No.35316/2023 & con .cases
JUDGMENT
Since common issues arise for consideration in these writ petitions, they are heard and disposed of by this common judgment.
2. M/s ATC Telecom Infrastructure Pvt. Ltd., the petitioner in these writ petitions, is an infrastructure service provider, providing passive telecom infrastructure for telecom service providers. For the purpose of establishing the passive telecom infrastructure, mobile telecommunication towers are constructed after obtaining permission from the respective Local Self-
Government Institutions under the provisions of the Kerala Panchayat Raj Act, 1994, the Kerala Municipality Act, 1994, and the Building Rules framed thereunder.
3. The mobile telecom towers were not subjected to 26 WPC No.35316/2023 & con .cases property tax previously. However, for the first time, mobile towers were brought within the property tax bracket in 2009 as per amendments to the respective Acts. In the year 2011, the State Government issued notifications bearing numbers 17/2011 and 19/2011, fixing upper and lower limits for imposing property taxes covering Panchayats and Municipalities w.e.f 14.01.2011.
4. Demand notices were issued by the Municipalities for payment of property tax for the telecom towers installed within their jurisdictional limits. The petitioner took the stand that the demands made were barred by limitation. However, the Municipalities took steps to recover the property tax from the petitioner. Accordingly, the petitioner has filed these writ petitions challenging the demand notices for property tax issued by the respective Municipalities in respect of the telecom towers 27 WPC No.35316/2023 & con .cases installed within their limits, inter alia, on the ground that the demands are made beyond the period of limitation for recovery of dues.
5. According to the petitioner, no assessment and demand can be made of the property tax in case of escaped assessment for a period of four years prior to the date of issuance of the notice as per the provisions of Section 282 of the Kerala Municipality Act, 1994. It is also contended that in view of Section 539 of the Kerala Municipality Act, no recovery of property tax can be effected from a person three years after the tax is assessed.
6. Heard Sri. P. Sathisan, the learned counsel for the petitioner, Smt. K.R. Deepa, learned Special Government Pleader and the learned standing counsel for respective Municipalities.
28WPC No.35316/2023 & con .cases
7. Smt. Deepa submits that, if a tax is assessed, then no recovery can be effected beyond three years preceding the date of demand notice and if it is the case of escaped assessment, no tax can be assessed and demanded for a period earlier than four years from the date of notice of demand. Sri. Sathisan submits that the issue raised in these writ petitions is considered and decided by this Court in W.P (C) No. 13782/2022 and connected cases.
8. Section 282 of the Kerala Municipality Act, 1994 reads as follows:
"282. POWER TO ASSESS IN CASE OF ESCAPE FROM ASSESSMENT.-
Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, where for any reason a person liable to pay any tax or fees leviable under this Chapter has escaped assessment in any half- year, the Secretary may at any time within four years from the date on 29 WPC No.35316/2023 & con .cases which such person should have been assessed, serve on him a notice assessing to the tax or fee due and demanding payment thereof within fifteen days from the date of such service and thereupon the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if the assessment was made in the half-year to which the tax or fee relates.
Section 539 of the Kerala Municipality Act, 1994 reads as follows:
"539. LIMITATION FOR RECOVERY OF DUES.-- (1) No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to a Municipality under this Act after the expiration of a period of three years from the date on which distraint might first have been made, suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such sum:
Provided that in the case of assessments made under section 282 the said period of three years shall be computed from the date on which distraint might have been made, suit 30 WPC No.35316/2023 & con .cases instituted, or prosecution commenced, after the assessment under the said section shall have been made. (2) Where any amount due to the Municipality has been barred by limitation under sub-section (1) due to the default of not taking steps at the appropriate time, and it is found in a lawful enquiry that it was lost due to the default of any officer or officers, the amount so lost to the Municipality shall be realised with twelve per cent interest thereon from such officer or officers."
9. Section 282 of the Kerala Municipality Act provides that the assessment could be done within four years from the date on which such person should have been assessed. Section 539 provides that the tax prior to three years cannot be collected by putting a distraint order. Therefore, going by Section 282 of the Kerala Municipality Act, the assessment of tax for a period could be done within four years from the last date of that Assessment Year. The demand notice could have been 31 WPC No.35316/2023 & con .cases issued within three years of making the assessment. In these cases, admittedly, no demand of the property tax in respect of the mobile towers erected by the petitioner was made within three years of making the assessment.
Therefore, the impugned demand notices are set aside.
The matter is remitted to the respective Municipalities, to issue fresh notice in respect of the property tax for the last four years from the date of the impugned notices and finalize the assessment in accordance with the law, after giving an opportunity of hearing to the petitioner.
Writ petitions are disposed of. All other issues raised in the writ petitions are left open.
Sd/-
MURALI PURUSHOTHAMAN JUDGE al/-+ 32 WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 35316/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY Exhibit P2 TRUE COPY OF THE PRINT OUT OF NOTIFICATION DATED 14.01.2021 Exhibit P2(a) TRUE COPY OF THE ENGLISH TRANSLATION Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN W.P.C.NO.22723/2011 DATED 20.08.2011 Exhibit P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 5TH RESPONDENT DATED 13.10.2023 PERTAINING TO DOOR NO. 253/A Exhibit P4(a) TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 5TH RESPONDENT DATED 13.10.2023 PERTAINING TO DOOR NO. 221/C Exhibit P5 TRUE COPY OF THE OBJECTION DATED 18.07.2023 FILED TO DEMAND NOTICE ISSUED PERTAINING TO DOOR NO.221/C ALONG WITH ITS POSTAL RECEIPT Exhibit P5(a) TRUE COPY OF THE OBJECTION DATED 20.10.2023 FILED TO DEMAND NOTICE ISSUED PERTAINING TO DOOR NO.253(A) ALONG WITH ITS POSTAL RECEIPT Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.14044/2022 DATED 19.04.2022 Exhibit P6(a) TRUE COPY OF THE LATEST ORDER EXTENDING THE INTERIM ORDER IN W.P. (C)NO.14044/2022 DATED 27.07.2023 33 WPC No.35316/2023 & con .cases Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.12729/2018 DATED 10.04.2018 Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.35145/2019 DATED 19.12.2019 Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.28114/2020 DATED 16.12.2020 Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.28401/2021 DATED 10.12.2021 34 WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 27822/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14/01/2011.
EXHIBIT P2 TRUE ENGLISH TRANSLATION OF EXT.P1 NOTIFICATION.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.22723/2011 DATED 20/08/2011.
EXHIBIT P4 TRUE COPY OF DEMAND NOTICE OF PALAKKAD MUNICIPALITY FOR BUILDING NO.2063/12.
EXHIBIT P4(A) TRUE COPY OF THE DEMAND NOTICE OF PALAKKAD MUNICIPALITY FOR BUILDING NO.476.
EXHIBIT P4(B) TRUE COPY OF THE DEMAND NOTICE OF PALAKKAD MUNICIPALITY FOR BUILDING NO.222/6.
EXHIBIT P4(C) TRUE COPY OF THE DEMAND NOTICE OF PALAKKAD MUNICIPALITY FOR BUILDING NO.512/3.
EXHIBIT P4(D) TRUE COPY OF THE DEMAND NOTICE OF PALAKKAD MUNICIPALITY FOR BUILDING NO.1023/1.
EXHIBIT P5 TRUE COPY OF THE GO(MS) NO.14/2014/ITD DATED 15/03/2014.
EXHIBIT P6 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 17/01/2020.
35WPC No.35316/2023 & con .cases EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12762/2018 DATED 11/04/2018.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12729/2018 DATED 10/04/2018.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.35145/2019 DATED 19/12/2019.
36WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 700/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY.
EXHIBIT P2 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14.01.2011.
EXHIBIT P2(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P1 NOTIFICATION.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.22723/2011 DATED 20.08.2011. JUDGMENTS EXHIBIT P4 TRUE COPY OF DEMAND NOTICE OF MANJERI MUNICIPALITY DATED 25.09.2020.
EXHIBIT P5 TRUE COPY OF THE GO (MS) NO.14/2014/ITD DATED 15.03.2014.
EXHIBIT P6 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.12.2020.
EXHIBIT P6(A) TRUE COPY OF POSTAL RECEIPT OF EXT.P6 DATED 22.12.2020.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12762/2018 DATED 11.04.2018.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12729/2018 DATED 10.04.2018.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN 37 WPC No.35316/2023 & con .cases WPC NO.35145 OF 2019 DATED 19.12.2019.
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.28114 OF 2020 DATED 16.12.2020.
38WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 1346/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY.
EXHIBIT P2 TRUE COPY OF PRINT PUT OF NOTIFICATION DATED 14.1.2011 EXHIBIT P2 (A) TRUE ENGLISH TRANSLATION OF EXHIBIT P2 NOTIFICATION EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO 22723/2011 DATED 20.8.2011 EXHIBIT P4 TRUE COPY OF DEMAND NOTICE OF TRIPUNITHURA MUNICIPALITY DATED 17.6.2020 (BUILDING NO 422(A) AND ITS ENGLISH TRANSLATION EXHIBIT P4 (A) TRUE COPY OF DEMAND NOTICE OF TRIPUNITHURA MUNICIPALITY DATED 17.6.2020 (BUILDING NO 5539A) AND ITS ENGLISH TRANSLATION EXHIBIT P5 TRUE COPY OF THE GO(MS) NO 14/2014 ITD DATED 15.3.2014 EXHIBIT P6 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.12.2020 (BUILDING NO 422 9A) AND ITS POSTAL RECEIPT EXHIBIT P6 (A) TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.12.2020(BUILDING NO 553 9A) AND ITS POSTAL RECEIPT EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED 39 WPC No.35316/2023 & con .cases BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO 1276/2018 DATED 11.4.2018 EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO 12729/2018 DATED 10.4.2018 EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO 35145 OF 2019 DATED 19.12.2019 EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO 28114 OF 2020 DATED 16.12.2020 EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO 700 OF 2021 DATED 11.1.2021 40 WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 1391/2021 PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION.
EXHIBIT P2 TRUE COPY OF PRINT OUT OF NOTIFICATION NO. S.O.(A) NO. 17/2011/LSD DATED 14.01.2011.
EXHIBIT P2 (A) TRUE ENGLISH TRANSLATION OF EXT. P2 NOTIFICATION.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 22723/2011 DATED 20.08.2011.
EXHIBIT P4 TRUE COPY OF DEMAND NOTICE NO. MTF NO.
31 OF PATHANAMTHITTA MUNICIPALITY DATED 24.02.2020 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P4 (A) TRUE COPY OF THE DEMAND NOTICE NO. R1-
12178/2016 OF PATHANAMTHITTA MUNICIPALITY DATED 06.03.2020 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P5 TRUE COPY OF THE G.O.(MS) NO.
14/2014/ITD DATED 15.03.2014.
EXHIBIT P6 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 06.01.2020 ALONG WITH ITS POSTAL RECEIPT.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 12762/2018 DATED 11.04.2018.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN 41 WPC No.35316/2023 & con .cases WPC NO. 12729/2018 DATED 10.04.2018.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA, IN WPC NO. 35145 OF 2019 DATED 19.12.2019.
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA, IN WPC NO. 28114 OF 2020 DATED 16.12.2020.
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 700 OF 2021 DATED 11.01.2021.
42WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 28401/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY DATED 25/1/2007.
Exhibit P2 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14/01/2011.
Exhibit P2A TRUE ENGLISH TRANSLATION OF EXHIBIT P1 NOTIFICATION DATED 14/1/2011.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.22723/2011 DATED 20/08/2011.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE NO.R1.3829/2020 DATED 26/10/2021 ISSUED BY 5TH RESPONDENT.
Exhibit P4A TRUE COPY OF THE DEMAND NOTICE DATED 23/11/2021 ISSUED BY 5TH RESPONDENT COVERING PROPERTY IN SY.NO.292.
Exhibit P4B TRUE COPY OF THE DEMAND NOTICE DATED 23/11/2021 ISSUED BY 5TH RESPONDENT COVERING PROPERTY IN SY.NO.538/A. Exhibit P4C TRUE COPY OF THE DEMAND NOTICE DATED 23/11/2021 ISSUED BY 5TH RESPONDENT COVERING PROPERTY IN SY.NO.386/A. Exhibit P4D TRUE COPY OF THE DEMAND NOTICE DATED 23/11/2021 ISSUED BY 5TH RESPONDENT COVERING PROPERTY IN SY.NO.472/B/.
Exhibit P4E TRUE COPY OF THE DEMAND NOTICE DATED 23/11/2021 ISSUED BY 5TH RESPONDENT COVERING PROPERTY IN SY.NO.50/A. 43 WPC No.35316/2023 & con .cases Exhibit P4F TRUE COPY OF THE DEMAND NOTICE DATED 23/11/2021 ISSUED BY 5TH RESPONDENT COVERING PROPERTY IN SY.NO.105/W. Exhibit P4G TRUE COPY OF THE DEMAND NOTICE DATED 23/11/2021 ISSUED BY 5TH RESPONDENT COVERING PROPERTY IN SY.NO.50/D. Exhibit P5 TRUE COPY OF THE CHEQUES NO.24740 DATED 29/11/2021 ISSUED TO THE 5TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 01/12/2021.
Exhibit P7 TRUE COPY OF OBJECTION SUBMITTED BY
THE PETITIONER BEFORE THE 5TH
RESPONDENT DATED 23/11/2021.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED
BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.12762/2018 DATED 11/04/2018.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.12729/2018 DATED 10/04/2018.
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.35145 OF 2019 DATED 19/12/2019.
Exhibit P11 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.28114 OF 2020 DATED 16/12/2020.
Exhibit P12 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.700 OF 2021 DATED 11/01/2021.
44WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 1598/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY.
Exhibit P2 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14.01.2011.
Exhibit P2 A TRUE ENGLISH TRANSLATION OF EXHIBIT P1 NOTIFICATION.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.22723/2011 DATED 20.08.2011.
Exhibit P4 TRUE COPY OF DEMAND NOTICE OF VADAKARA MUNICIPALITY DATED 21.04.2021 (BUILDING NO.1171).
Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 07.09.2021 (BUILDING NO.1171).
Exhibit P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12762/2018 DATED 11.04.2018.
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12729/2018 DATED 10.04.2018.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA WPC NO.35145 OF 2019 DATED 19.12.2019.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED 45 WPC No.35316/2023 & con .cases BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.28114 OF 2020 DATED 16.12.2020.
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.28401 OF 2021 DATED 18.12.2021.
46WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 11113/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY.
Exhibit P2 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14.01.2011.
Exhibit P2 A TRUE ENGLISH TRANSLATION OF EXHIBIT P1 NOTIFICATION.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.22723/2011 DATED 20.08.2011.
Exhibit P4 TRUE COPY OF DEMAND NOTICE OF KOLLAM MUNICIPALITY DATED 09.02.2022 (BUILDING NO.43/1103).
Exhibit P4A TRUE COPY OF DEMAND NOTICE OF KOLLAM MUNICIPALITY DATED 09.02.2022 (BUILDING NO.44/310).
Exhibit P4 B TRUE COPY OF DEMAND NOTICE OF KOLLAM MUNICIPALITY DATED 09.02.2022 (BUILDING NO.26/1504).
Exhibit P4C TRUE COPY OF DEMAND NOTICE OF KOLLAM MUNICIPALITY DATED 09.02.2022 (BUILDING NO.36/1700 A).
Exhibit P4 D TRUE COPY OF DEMAND NOTICE OF KOLLAM MUNICIPALITY DATED 09.02.2022 (BUILDING NO.49/1968).
Exhibit P4 E TRUE COPY OF DEMAND NOTICE OF KOLLAM MUNICIPALITY DATED 09.02.2022 (BUILDING NO.4/941).
47WPC No.35316/2023 & con .cases Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 18.03.2022 FOR EXT.P4 TO P4(E) DEMAND NOTICES.
Exhibit P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12762/2018 DATED 11.04.2018.
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.12729/2018 DATED 10.04.2018.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.35145 OF 2019 DATED 19.12.2019.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.28114 OF 2020 DATED 16.12.2020.
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.28401 OF 2021 DATED 10.12.2021.
48WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 11221/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY.
Exhibit P2 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14.01.2011.
Exhibit P2 (A) TRUE ENGLISH TRANSLATION OF EXHIBIT P2 NOTIFICATION.
Exhibit P3 TRUE COPY OF INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 22723/2011 DATED 20.08.2011.
Exhibit P4 TRUE COPY OF DEMAND NOTICE OF TIRUR MUNICIPALITY DATED 30.07.2021 (BUILDING NO. 31/320/AI).
Exhibit P4 (A) TRUE COPY OF DEMAND NOTICE OF TIRUR MUNICIPALITY DATED 30.07.2021 (BUILDING NO. 31/320/BI).
Exhibit P4 (B) TRUE COPY OF DEMAND NOTICE OF TIRUR MUNICIPALITY, DATED 30.07.2021 (BUILDING NO. 24/79A).
Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 07.09.2021 FOR EXT. P4 & P4 (A) DEMAND NOTICES.
Exhibit P5 (A) TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 07.09.2021 FOR EXT. P4( B) DEMAND NOTICE.
Exhibit P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN 49 WPC No.35316/2023 & con .cases WPC NO. 12762/2018 DATED 11.04.2018.
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 12729/2018 DATED 10.04.2018.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 35145 OF /2019 DATED 19.12.2019.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 28114/2020 DATED 16.12.2018.
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 28401 OF 2021 DATED 10.12.2021.
50WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 14049/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY.
Exhibit P2 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14.01.2011.
Exhibit P2(a) TRUE ENGLISH TRANSLATION OF EXT:P2 NOTIFICATION.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.22723/2011 DATED 20.08.2011.
Exhibit P4 TRUE COPY OF DEMAND NOTICE OF SHORNUR MUNCIPALITY FOR BUILDING FOR BUILDING NO: 24/235/1(OLD No.96A) DATED 22.03.2022.
Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER PERTAINING TO DOOR NO. 5/569 DATED BEFORE THE 5TH RESPONDENT DATED 04-04-2022.
Exhibit P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P(C).NO.12762/2018 DATED 11.04.2018.
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO. 12729/2018 DATED 10.04.2018.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.35145 OF 2019 DATED 19.12.2019.
51WPC No.35316/2023 & con .cases Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.28114 OF 2020 DATED 16.12.2020.
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.28401 OF 2021 DATED 10.12.2021.
52WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 31740/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION DATED 17.06.2016 Exhibit P1(a) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE LOCAL AUTHORITY Exhibit P2 TRUE COPIES OF THE PRINT OUT OF NOTIFICATION DATED 14.01.2021 Exhibit P2(a) TRUE COPY OF THE ENGLISH TRANSLATION Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN W.P.C.NO.22723/2011 DATED 20.08.2011 Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 30.06.2023 ISSUED FOR PETITIONER WITHIN LIMITS OF 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE OBJECTION DATED 07.03.2023, FILED TO DEMAND NOTICES Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.12762/2018 DATED 11.04.2018 Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.12729/2018 DATED 10.04.2018 Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.35145/2019 DATED 19.12.2019 Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.28114/2020 DATED 16.12.2020 Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.28401/2021 DATED 10.12.2021 53 WPC No.35316/2023 & con .cases APPENDIX OF WP(C) 206/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY RELEVANT EXTRACT OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER COMPANY.
Exhibit P2 TRUE COPY OF PRINT OUT OF NOTIFICATION DATED 14.01.2011.
Exhibit P2 (A) TRUE ENGLISH TRANSLATION OF EXHIBIT PI NOTIFICATION.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 22723/2011 DATED 20.08.2011.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 27.07.2021 ISSUED BY 5TH RESPONDENT.
Exhibit P4 (A) TRUE COPY OF DEMAND NOTICE DATED 16.08.2021 ISSUED BY 5TH RESPONDENT COVERING BUILDING ID 30224010021934.
Exhibit P4 (B) TRUE COPY OF THE DEMAND NOTICE DATED 16.08.2021 ISSUED BY 5TH RESPONDENT COVERING BUILDING ID 30224010020787.
Exhibit P5 TRUE COPY OF OBJECTION SUBMITTED BY
THE PETITIONER BEFORE THE 5TH
RESPONDENT DATED 07.09.2021 REFERENCE TO K.S. ROAD TOWER SITE.
Exhibit P5 (A) TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 07.09.2021.
Exhibit P5 (B) TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 5TH 54 WPC No.35316/2023 & con .cases RESPONDENT DATED 07.09.2021 REFERENCE TO KASARGOD TOWER SITE.
Exhibit P6 TRUE COPY OF THE NOTICE NO. RI-15867/21 DATED 06.10.2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 12762/2018 DATED 11.04.2018.
Exhibit P8 TRUE COPY OF INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 12729/2018 DATED 10.04.2018.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 35145 OF 2019 DATED 19.12.2019.
Exhibit P10 TRUE COPY OF INTERIM ORDER PASSED BY THE HONBLE HIGH COURT OF KERALA IN WPC NO. 28114 OF 2020 DATED 16.12.2020.