Kuttappan vs Koovappady Grama Panchayath on 10 June, 2020

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Kerala High Court

Kuttappan vs Koovappady Grama Panchayath on 10 June, 2020

Bench: Anil K.Narendran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942

                      WP(C).No.13627 OF 2010(C)


PETITIONERS:

      1        KUTTAPPAN, AGED 43 YEARS,
               SON OF KUNJITTY, KOLATHURAN, KOOVAPPADY P.O.,
               KALLAMBALAM, ERNAKULAM DISTRICT.

      2        PURUSHOTHAMAN, AGED 48 YEARS
               SON OF NARAYANAN, KOLATHURAN, KOOVAPPADY P.O.,
               KALLAMBALAM, ERNAKULAM DISTRICT.

               BY ADV. SRI.H.B.SHENOY

RESPONDENTS:

      1        KOOVAPPADY GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, KOOVAPPADY P.O.-683
               544.

      2        THE SECRETARY,
               KOOVAPPADY GRAMA PANCHAYATH, KOOVAPPADY P.O.- 683
               544.

      3        WIRELESS TATA TELEINFO SERVICES
               LTD., J & CO.CHAMBERS, 50/953 E2 & E3, MANIMALA ROAD,
               KOCHI-682 024.

                R1 - 2 BY ADV. SRI.P.BENNY THOMAS
                               SMT.JAYASREE MANOJ
                               SRI.K.JOHN MATHAI
                R3 BY ADV. SRI.E.K.NANDAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
10.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.13627 OF 2010(C)

                                  2

                            JUDGMENT

The petitioners, who are the residents of Ward No.XVI of the 1st respondent Grama Panchayat, have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that construction and installation of telecommunication tower by the 3rd respondent without permission under Section 233 of Kerala Panchayat Raj Act, 1994 is unauthorised. They have also sought for a writ of mandamus commanding respondents 1 and 2 to consider Exts.P1 and P3 and initiate appropriate action under sub- section (5) of section 236 read with Section 240 of Kerala Panchayat Raj Act, 1994 to abate and prevent the 3rd respondent from the construction and installation of telecommunication tower made mention of in Ext.P5, without permission under Section 233 of Kerala Panchayat Raj Act. The further relief sought for is a writ of mandamus commanding respondents 1 and 2 to initiate appropriate action under Sections 245 and 257 of Kerala Panchayat Raj Act to prosecute the 3rd respondent for undertaking construction and installation of telecommunication tower WP(C).No.13627 OF 2010(C) 3 made mention of in Ext.P5, without obtaining permission under Section 233 of Kerala Panchayat Raj Act.

2. On 23.04.2010, when this writ petition came up for admission, this Court admitted the matter on file and issued notice to the respondents.

3. A counter affidavit has been filed by respondents 1 and 2 opposing the reliefs sought for in this writ petition.

4. Today when the case is taken up for consideration, it is submitted by the learned counsel for the petitioners that the reliefs sought for in this writ petition have become infructuous and therefore, this writ petition may be dismissed as infructuous.

Recording the aforesaid submission made by the learned counsel for the petitioners, this writ petition is dismissed as infructuous.

Sd/-

ANIL K.NARENDRAN, JUDGE AV/10/6

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