Kerala High Court
Rajanagari Residents Association Aged ... vs Tripunithura Municipality on 31 March, 2015
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
WP(C).No. 36281 of 2015 (I)
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PETITIONER:
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RAJANAGARI RESIDENTS ASSOCIATION AGED 36 YEARS
REG.NO.ER 207/12, IRIMBANAM P.O.NEAR HOC TOWNSHIP
TRIPUNITHURA - 682 309
REPRESENTED BY ITS SECRETARY.
BY ADVS.SRI.S.ARUN RAJ
SRI.ARJUN S.RAJ
SRI.ARJUN RAGHAVAN
RESPONDENT(S):
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1. TRIPUNITHURA MUNICIPALITY
THRIPUNITHURA P.O., LAYAM ROAD
KOCHI - 682 031REPRESENTED BY ITS SECRETARY.
2. THE DISTRICT COLLECTOR
DISTRICT TELECOM COMMITTEE CHAIRMAN, COLLECTORATE
KAKKANAD, ERNAKULAM -682 030.
3. RELIANCE GIO INFOCOM LTD
CHANDRIKA CHAMBERS, 4TH FLOOR, S.A.ROAD
VYTTILA
KOCHI - 682 019. REPRESENTED BY ITS AUTHORISEDSIGNATORY.
R3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R3 BY ADV. SRI.P.GOPINATH
R3 BY ADV. SRI.P.BENNY THOMAS
R3 BY ADV. SRI.K.JOHN MATHAI
R3 BY ADV. SRI.JOSON MANAVALAN
R3 BY ADV. SRI.KURYAN THOMAS
R1 BY ADV. SRI.V.M.KURIAN, SC, THRIPUNITHURA MUNICIPALITY
R BY GOVERNMENT PLEADER
R BY SRI.V.M.KURIAN
R BY SMT.K.S.SANTHI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RKC
WP(C).No. 36281 of 2015 (I)
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APPENDIX
PETITIONER'S EXHIBITS
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EXT.P-1: TRUE COPY OF THE MASS PETITION DATED 31.3.2015
EXT.P-1(A): TRUE COPY OF THE RECEIPT NUMBERED AS M2/23491/15 ISSUED
FROM THE OFFICE OF THE DISTRICT COLLECTOR DATED 31.3.2015
EXT.P-2: TRUE COPY OF THE APPLICATION DATED 24.7.2015
EXT.P-3: TRUE COPY OF THE REPLY LETTER OF THE IST RESPONDENT
DATED 22.8.2015
EXT.P5: COPY OF THE REPLY BY TRIPUNITHURA MUNICIPALITY DT.16.1.16
EXT.P6: COPY OF THE RECEIPT ISSUED FROM THE DEPARTMENT OF TOWN
PLANNING AT KAKKANAD DT.16.1.16
EXT.P7: COPY OF THE REPLY DT.25.1.16 ISSUED FROM THE TOWN
PLANNING OFFICE, KAKKANAD
RESPONDENTS' EXHIBITS : NIL
RKC
TRUE COPY
PA TO JUDGE
P.V.ASHA, J.
W.P.(C) No.36281 of 2015
Dated this the 14th day of March, 2016
JUDGMENT
The grievance of the petitioner herein is that a mass petition submitted by the residents of Thrippunithura Municipality on 31.3.2015 is not considered so far by the District Collector, who is the Chairman of the District Telecom Committee, against the mobile tower which is going to be commissioned by the 3rd respondent illegally in the residential area. The petitioner submits that their grievance raised in Ext.P1 was never considered by the District Collector, even though hearing was held on a complaint filed by the 3rd respondent. According to them commissioning of the mobile tower in the area will cause very serious inconvenience and nuisance to the residents therein.
2. I heard the learned counsel appearing on either side.
3. In the circumstances of the case, there will be a direction to the 2nd respondent to consider and pass orders on Ext.P1 mass petition after hearing the petitioner within a period of three weeks at any rate before the commissioning of the mobile tower by the 3rd respondent.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA JUDGE rkc