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High Court of KeralaWP(C)/343/2012dismissed

Kurian Yohannan v. Union Of India

2015-10-15Honourable Mr. Justice Anil K.Narendran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 343 of 2012 (P) -------------------------- PETITIONER :

----------- KURIAN YOHANNAN, AGED 63 YEARS, S/O.KURIAN, ILLIKKAL HOUSE, CHITHRAPUZHA, IRUMPANAM P.O., TRIPUNITHURA, ERNAKULAM.

BY ADVS.SMT.SADHANA KUMARI.E.

SRI. SUMODU P.S.

RESPONDENTS :

--------------

1. UNION OF INDIA, REP.BY SECRETARY, DEPT.OF TELECOMMUNICATION, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110001.

2. TRIPUNITHURA MUNICIPALITY, REP.BY THE SECRETARY, TRIPUNITHURA MUNICIPALITY, STATUE JUNCTION, TRIPUNITHURA-682 301.

3. THE VIOM NETWORKS LTD., NO.50/953 MANIMALA ROAD, EDAPPALLY, COCHIN-682 024, REP. BY ITS MANAGING DIRECTOR.

R3 BY ADV. SRI.K.R.AVINASH (KUNNATH) R2 BY ADV. SRI.V.M.KURIAN R2 BY ADV. SRI.MATHEW B. KURIAN R2 BY ADV. SRI.K.T.THOMAS R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 343 of 2012 (P) APPENDIX PETITIONER'S EXHIBITS :

EXHIBIT P1: COPY OF THE REPRESENTATION.

EXHIBIT P2: COPY OF THE CIRCULAR.

RESPONDENTS' EXHIBITS : NIL.

True copy P.A to Judge

ANIL K.NARENDRAN, J.

------------------------------------ W.P.(C)No.343 of 2012 ---------------------------------------- Dated this the 15th day of October, 2015

JUDGMENT

This writ petition is filed by the petitioner, who is a resident of Chithrapuzha in Ernakulam District seeking a writ of mandamus commanding the 2nd respondent to consider Ext.P1 representation against the permission granted to the 3rd respondent to erect a mobile tower in building No.3/593 in Ward No.13 between Chithrapuzha bus stop and Kurishupally near Refinery Road. The petitioner has also sought for various other reliefs. 2.

Today when the case was taken up for consideration none appeared for the petitioner. The learned counsel for the 3rd respondent would submit that the 3rd respondent has no intention to erect tower in the building in question.

Recording the aforesaid submission made by the learned counsel for the 3rd respondent this writ petition is dismissed. Sd/- ANIL K.NARENDRAN, JUDGE skj True copy P.A to Judge