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2025 DAILYLAW 8066 (KER)

K.S.ALEXANDER @ KATTANAM SHAJI v. STATE OF KERALA,

WP(C)/35074/2018 · 2025-03-24

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27394 WP(C)No.35074 of 2018 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 35074 OF 2018 PETITIONER/S: K.S.ALEXANDER @ KATTANAM SHAJI AGED 48 YEARS AGED 48 YEARS, S/O SAMUEL, KOPPARA HOUSE, KATTACHIRA, PALLIKKAL P.O., BHARANIKAVU VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN-690 503. RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2 THE PRESIDENT, BHARANICKAVU GRAMA PANCHAYATH, BHARANICKAVU, PALLIKKAL P.O., MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN-690 503. 3 THE SECRETARY, BHARANICKAVU GRAMA PANCHAYATH, BHARANICKAVU, PALLIKKAL P.O., MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN-690 503. 4 THE CHAIRMAN, DISTRICT TELECOM COMMITTEE, COLLECT ORATE, ALAPPUZHA, PIN-688 001. 5 THE AUTHORIZED OFFICER, RELIANCE JIO INFOCOMM LTD., PUKALAKKATTU KARYATTU TOWER, NEAR YATHRI NIVAS, MAMANGALAM, PALARIVATTOM P.O., KOCHI, PIN-682 025. 6 THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN-688 001. BY ADVS. SRI.VINCENT JOSEPH SRI.G.HARIKUMAR (GOPINATHAN NAIR) 2025:KER:27394 WP(C)No.35074 of 2018 2 OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27394 WP(C)No.35074 of 2018 3 J U D G M E N T This writ petition is submitted by the petitioners being aggrieved by the proposal for installing Mobile Communication Tower by the 5th respondent. Today, when the matter came up for consideration, the learned counsel for the 5th respondent submitted that they have already dropped the proposal for installing the Mobile Tower which is the subject matter of this writ petition. Accordingly, this writ petition is closed recording the above submission as further orders are not necessary. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03 2025:KER:27394 WP(C)No.35074 of 2018 4 APPENDIX OF WP(C) 35074/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF APPLICATION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 04.07.2017. EXHIBIT P2 TRUE COPY OF APPLICATION DATED 08.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS. EXHIBIT P3 TRUE COPY OF TREATMENT CERTIFICATE OF A LOCAL RESIDENT OF ONE SMT.SINDHU. EXHIBIT P4 TRUE COPY OF G.O.(MS)NO.21/2013/ITD OF GOVERNMENT OF KERALA. EXHIBIT P5 TRUE COPY OF APPLICATION NO.A2.4213/2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 15.07.2017. EXHIBIT P6 TRUE COPY OF OBJECTION FILED BY THE PRESIDENT OF MUTAKULATH TEMPLE BEFORE THE 4TH RESPONDENT ON 15.07.2017. EXHIBIT P7 TRUE COPY OF COMMUNICATION OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BETWEEN THE 3RD AND 6TH RESPONDENT DATED 18.08.2017. EXHIBIT P8 TRUE COPY OF ORDER DATED 05.06.2018 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO.830/2017. RESPONDENT EXHIBITS EXHIBIT R5(A) TRUE COPY OF GO.MS NO.14/2014/ITD DATED 15.3.2014 EXHIBIT R5(B) TRUE COPY OF BUILDING PERMIT DATED 29.10.2018 EXHIBIT R5(C) TRUE COPY OF GO.MS NO 31/2014/ITD DATED 5.11.2014