Kerala High Court
Kumaran M.K vs Bharath Sanchar Nigam Limited(Bsnl)
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 11TH DAY OF JULY 2012/20TH ASHADHA 1934
WP(C).No. 30386 of 2010 (W)
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PETITIONER(S):
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1. KUMARAN M.K.,
MANIYELI HOUSE, NAGANCHERRY, PANIPRA P.O.
KOTTOAPADY, KOTHAMANGALAM, ERNAKULAM.
2. SUDHARSANAN N.V.,
NEDUMPURAM HOUSE, NAGANCHERRY, PANIPRA P.O.
KOTTOAPADY, KOTHAMANGALAM, ERNAKULAM.
BY ADVS.SRI.AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
RESPONDENT(S):
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1. BHARATH SANCHAR NIGAM LIMITED(BSNL),
REP. BY THE DIVISIONAL ENGINEER, TELECOM
KOTHAMANGALAM, ERNAKULAM.
2. THE DEPUTY GENERAL MANAGER(NPD-1),
BSNL MOBILE SERVICES, RTO BUILDINGS, LUKAS LANE
THIRUVANANTHAPURAM.
3. THE SUB DIVISIONAL ENGIENEER(BSS),
BSNL MOBILE SERVICES, KOTHAMANGALAM, ERNAKULAM.
4. KOTTAPPADY GRAMA PANCHAYATH,
REP. BY ITS SECRETARY, KOTTAPPADY, KOTHAMANGALAM
ERNAKULAM.
5. GIGI CHERIAN,
THAMARAKUDY HOUSE, NAGANCHERRY, PANIPRA P.O.
KOTTOAPADY, KOTHAMANGALAM, ERNAKULAM.
BY ADV. SRI.C.S.RAMANATHAN
BY ADV. SRI.JOMY GEORGE
BY ADV. SRI.SEBASTIAN THOMAS
BY ADV. SRI.M.J.BENNY
BY SRI.MATHEWS K.PHILIP,SC, BSNL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).30386/10
APPENDIX
EXHIBITS
P1- TRUE COPY OF THE REPRESENTATION DATED 12.8.09 SUBMITTED BEFORE THE
4TH RESPONDENT BY THE PETITIONERS ALONG WITH OTHER RESIDENTS.
P2- TRUE COPY OF THE DECISION DATED 11.1.10 OF THE 4TH RESPONDENT
P3- TRUE COPY OF THE NOTICE AND MINITES OF THE MEETING OF THE KOTTAPADY
GRAMA PANCHAYAT, DATED 16.1.10
P4- TRUE COPY OF THE LETTER OF THE KOTTAPADY GRAMA PANCHAYAT DATED
23.4.10 REJECTING THE APPLICATION TO CONSTRUCT A MOBILE TOWER IN THE 5TH
RESPONDENT PROPERTY
P5- TRUE COPY OF THE OBJECTION FILED BY THE 4TH RESPONDENT BEFORE THE
TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS IN APPEAL NO.466 OF 2010
P6- TRUE COPY OF THE ORDER DATED 1.7.2010 IN APPEAL NO.466 OF 2010 OF THE
TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS
P7- TRUE COPY OF THE REPRESENTATION DATED 26.9.10 SUBMITTED BY THE
PETITIONERS AND OTHER RESIDENTS.
R1(a)- TRUE COPY OF THE ORDER DATED 23.4.10 OF THE SECRETARY
R1(b)- THE COPY OF THE PERMIT DATED 26.8.10 ISSUED BY THE SECRETARY
R1(c)- THE COPY OF THE ORDER DATED 30.10.10 OF THE GOVERNMENT OF KERALA
R1(d)- THE LETTER DATED 2.2.05 OF THE DIRECTOR, RCC.
/true copy/
P.A. To Judge
ANTONY DOMINIC, J
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W.P.(C).30386/2010
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Dated this the 11th day of July, 2012
JUDGMENT
Writ petition was filed aggrieved by Ext.P6, an order passed by the Tribunal for Local Self Government Institutions in Appeal No.466/10. That was an appeal filed by the second respondent against an order passed by the Panchayat rejecting its application for permit to construct a telecommunication tower at Nagancherry in Sy.No.90/5A of Thrikariyoor Village, Kothamangalam Taluk.
2. In the affidavit in I.A.9279/12 filed on behalf of respondents 4 and 5 in the writ petition, it is stated that after the filing of the writ petition, it has been decided by the respondents to cancel the site at Nagancherry in Kottapady Grama Panchayat and that the lease agreement with the owner of the land has also been cancelled. Thus, from this affidavit, it is obvious that BSNL does not propose to establish W.P.(C).30386/10 2 the tower as originally decided. Therefore, petitioner need not have any apprehension that the permit will be obtained and tower will be erected in pursuance to Ext.P6 order passed by the Tribunal for Local Self Government Institutions.
In that view of the matter, recording the aforesaid averments contained in the affidavit in I.A.9279/12, the writ petition is closed.
Sd/- ANTONY DOMINIC, JUDGE mrcs /true copy/ PA To Judge