Palathra Constructions Pvt. Ltd. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 2212 of 2015 (B) ----------------------------------------- PETITIONER(S):
-------------------------- PALATHRA CONSTRUCTIONS (PVT) LTD., THURUTHY, CHANGANCHERRY, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, MR.SHIBU MATHEW BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE RESPONDENT(S) :
----------------------------
1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001.
3. THE DISTRICT COLLECTOR/ CHAIRMAN, DISTRICT TELECOM COMMITTEE, COLLECTORATE, ALAPPUZHA DISTRICT-688 001.
4. DISTRICT TELECOM COMMITTEE, COLLECTORATE, ALAPPUZHA DISTRICT-688 001, REPRESENTED BY ITS CHAIRMAN.
* ADDITIONAL R5 IMPLEADED
5. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, MR.PREMAKRISHNAN NAIR.
* ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 21.01.2015 IN I.A.NO.1010 IN 2015.
R1, R3 & R5 BY GOVERNMENT PLEADER SRI.K.C.VINCENT R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.
WP(C).No. 2212 of 2015 (B) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
COPY OF BUILDING PERMIT NO.A3-148/2014-15 DATED 07.05.2014 ISSUED BY CHINGOLI GRAMA PANCHAYAT.
EXHIBIT P2:
COPY OF PURCHASE ORDER ISSUED BY INDUS TOWERS LTD TO THE PETITIONER.
EXHIBIT P3:
COPY OF PETITION DATED 08.01.2015 SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBIT P4:
COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P5:
COPY OF G.O. (MS) NO.31/2014 ITD DATED 05.11.2014. EXHIBIT P6:
COPY OF ORDER DATED 05.09.2014 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.705/2014.
EXHIBIT P7:
COPY OF JUDGMENT DATED 12.12.2014 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.33585/2014.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.(C) No.2212 of 2015 --------------------------------------- Dated this the 21st day of January, 2015
JUDGMENT
The learned counsel for the petitioner submits that, the petitioner finds it extremely difficult to execute Ext.P2 work awarded by the addl. 5th respondent, because of the stiff opposition and resistance by the local public, taking the law into their hands. Pursuant to Ext.P5 G.O. and the decision rendered by the Division Bench of this Court reported in Indus Towers Ltd. and others Vs. S.I. of Police, Thodupuzha and others [2014 (4) KHC 81] (paragraph 5), the petitioner has to move the District Telecom Committee headed by the District Collector for redressal of the grievance at the first instance. It is accordingly that Ext.P3 application has been preferred on 08.01.2015. The delay in considering the same made the petitioner to approach this Court by way of the present writ petition.
2. Heard the learned Government Pleader as well.
3. Considering the limited extent of relief sought for, this
W.P.(C) No.2212 of 2015 Court does not find it necessary to issue notice to the addl. 5th respondent.
4. The writ petition is disposed of, directing the 3rd respondent to cause the matter to be considered by the District Telecom Committee and to pass appropriate orders on Ext.P3 in accordance with law, after affording an opportunity of hearing to all concerned, in conformity with Ext.P5. This shall be done at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 3rd respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp