Sebastian.K.X And Others v. District Collector, Ernakulam And Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 7872 of 2009 (S) --------------------------- PETITIONER(S):

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1. SEBASTIAN.K.X S/O.XAVIER, AGED 28 YEARS, KOTTIYATH HOUSE PANDARACHIRA ROAD, KADAVANTHRA PO, KOCHI-20.

2. DEVADANU.S., S/O.SIVAN AGED 65 YEARS, LALI HOUSE, PANDARACHIRA ROAD KADAVANTHRA PO, KOCHI-20.

3. SOUTH KADAVANTHRA FAMILY WELFARE ASSOCIATION REG.NO. ER/533/96, KADAVANTHRA PO, KOCHI-20 REPRESENTED BY, GENERAL SECRETARY, M.T.SIVADASAN S/O.PALANI SELVAN, PRASADAM, PANDARACHIRA ROAD KADAVANTHRA PO, KOCHI-20.

BY ADV. SRI.B.N.SHIVSANKAR RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, ERNAKULAM

2. THE SECRETARY CORPORATION OF COCHIN, ERNAKULAM.

3. THE REVENUE DIVISIONAL OFFICER, ERNAKULAM.

4. THE COMMISSIONER OF POLICE, KOCHI CITY

5. THE REGIONAL MEDICAL OFFICER KERALA STATE HEALTH SERVICES, GENERAL HOSPITAL ERNAKULAM.

6. THE MANAGER BHARATI AIRTEL LIMITED, SAHODARAN AYYAPPAN ROAD KADAVANTHRA, ERNAKULAM.

WP(C) NO.7872/2009 -2-

7. THE MANAGER IDEA CELLULAR COMMUNICATIONS LTD, RAVIPURAM ERNAKULAM.

8. MR.JOY, S/O.T.L.VARKEY, AGED NOT KNOWN K.P.VALLON ROAD, KADAVANTHRA, KOCHI-20.

9. DIRECTOR TELECOMMUNICATION ENGINEERING CENTER KURSHITLAL BHAVAN, JANAPATH, NEW DELHI-110 001.

10. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.

11. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI.

R11 BY ADV. SRI.N.NAGARESH,ASG OF INDIA BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL BY SRI.S.RAMESH BABU, SC.COCHIN CORPN.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.7872/2009 APPENDIX PETITIONERS' EXHIBITS EXT.P1:

TRUE COPY OF THE GUIDELINES EXT.P2:

TRUE COPY OF THE PHOTOGRAPHS EXT.P3:

TRUE COPY OF THE COMPLAINTS ALONG WITH THE RECEIPTS.

EXT.P4:

TRUE COPY OF THE REPORTS CAME IN MALAYALA MANORAMA NEWS PAPER DATED 26/2/2009 AND INDIAN EXPRESS DT 26.2.09.

//True Copy// PS to Judge Rp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No.7872 of 2009 ================== Dated this, the 11th day of September, 2015

J U D G M E N T

Shaffique, J.

The issue raised in the writ petition had already received attention of this Court in various judgments and finally we have decided in Indus Towers Ltd. v. Sub Inspector of Police (2014 (4) KLT 306) that disputes relating to the installation of mobile towers shall be referred to the District Telecom Committee appointed by the Government.

Having regard to the said factual circumstances, we do not think that any further directions are required to be passed in this writ petition. Accordingly, the writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge