WP(C) NO. 22291 OF 2018 1 2025:KER:26902 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 22291 OF 2018 PETITIONER: K.BINDU AGED 45 YEARS, W/O. BABU, BABU SADANAM, EDAKKAD, PORUVAZHY VILLAGE, KUNNATHOOR, KOLLAM - 690 540. BY ADVS. SMT.HYMA.S SMT.LISHA.M.G. SRI.M.K.SHAJI RESPONDENTS: 1 NITHIN PRAKASH S/O. PRAKASH, VENGAVILA HOUSE, EDAKKAD, PORUVAZHY VILLAGE, KUNNATHOOR, KOLLAM - 690 540. 2 GENERAL MANAGER RAHANA JIO INFOCOM LTD., PUKILAKKATTU KARRIYATTU, PALARIVATTOM P.O., KOCHI - 682 025. 3 SECRETARY PORUVAZHY GRAMA PANCHAYAT, EDAKKAD P.O., KOLLAM - 691 552. 4 THE DISTRICT COLLECTOR KOLLAM - 691 008. BY ADVS. SRI.M.H.HANIL KUMAR SRI.M.GOPIKRISHNAN NAMBIAR SRI.R.RENJITH SRI.K.JOHN MATHAI WP(C) NO. 22291 OF 2018 2 2025:KER:26902 SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22291 OF 2018 3 2025:KER:26902 MOHAMMED NIAS C.P., J ............................................................ W.P.(C) No.22291 of 2018 ............................................................. Dated this the 28th day of March, 2025 JUDGMENT The petitioner is aggrieved by the construction of 4G internet mobile tower (jio) in the property of the 1st respondent alleging health issues, and that the petitioner’s complaint before the 3rd respondent, evoked no response, the writ petition was filed to direct the 3rd respondent to take action against the 2nd respondent as regards the construction of the mobile tower. 2. An affidavit has been filed on behalf of the 2nd respondent along with I. A No.1 of 2023 stating that they were no longer interested in proceeding with the construction of the disputed telecommunication tower. 3. The relevant paragraphs of I.A No.1 of 2023 are extracted here under:- “3. The Petitioner herein submits that it had executed a lease deed with the owner of the property with respect to their property for the purpose of erection of a telecommunication WP(C) NO. 22291 OF 2018 4 2025:KER:26902 tower which is the subject matter of the present writ petition. The Petitioner herein issued a termination notice dated 20/09/2019 to the owner of the property terminating the lease agreement dated 15/05/2018, Kollam. The lease deed accordingly stands terminated. A true copy of the notice dated 20/09/2019 for termination of lease deed issued by the Petitioner herein to the owner of the property is produced herewith and may be marked as Exhibit R2(a) for identification. A separate petition is being filed to accept the above document on 4. In view of the termination of the lease deed it is clear that the Petitioner herein has no intention to proceed with the construction of the disputed telecommunication tower. Accordingly, the Petitioner herein submits that the present writ petition has become infructuous and therefore, may be closed as such.” The statements made in the affidavit are recorded. Given the above, nothing survives for consideration in this writ petition and the same is closed as infructuous. Sd/- MOHAMMED NIAS C.P. Anu JUDGE WP(C) NO. 22291 OF 2018 5 2025:KER:26902 APPENDIX OF WP(C) 22291/2018 RESPONDENT EXHIBITS Exhibit R2(a) TRUE COPY OF THE NOTICE DATED 20/09/2019 FOR TERMINATION OF THE LEASE DEAD ISSUED BY THE PETITIONER HEREIN TO TE OWNER OF THE PROPERTY PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF 3RD RESPONDENT DATED 13.06.2018. EXHIBIT P2 TRUE COPY OF MASS COMPLAINT DATED 16.06.2016 GIVEN TO THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PETITION GIVEN BY PETITIONER TO THE 3RD RESPONDENT DATED 14.06.2018.