Indus Towers v. The Village Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 WP(C).No. 9152 of 2012 (T) --------------------------- PETITIONER(S):
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1. INDUS TOWERS LIMITED, 8TH FLOOR, VANKARATH TOWERS, N H BYPASS PALARIVATTOM, KOCHI-24 REPRESENTED BY ITS DEPUTY GENERAL MANAGER, M.N.PREMA KRISHNAN NAIR, AGED 49 YEARS, SON OF NARAYANAN NAIR DEPUTY GENERAL MANAGER, 8TH FLOOR, VANKARATH TOWERS PALARIVATTOM, NH BYPASS, COCHIN-24.
2. POSIDON INFRASTRUCTURE PVT.LTD.
HAVING REGISTERED OFFICE AT GOKUL BUILDING VISHARAMBHAG, SANGLI, MAHARASHTRA-416 415 BRANCH OFFICE AT MIG 151, SRISAILAM, GANDHI NAGAR ERNAKULAM-682 020 REPRESENTED BY ITS MANAGING DIRECTOR MR.RAMESH GUNANI THROUGH HIS POWER POWER OF ATTORNEY HOLDER VINOD NAIR S/O.VASUDEVAN NAIR, HOUSE NO.31/1028 S, IST FLOOR FRIENDS AVENUE 1, FATIMA CHURCH ROAD ERNAKULAM.682 019.
BY ADVS.SRI.KRISHNA PRASAD. S SRI.VINOD ANTONY.K.A RESPONDENT(S):
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1. THE VILLAGE OFFICER KUMBALANGHI VILLAGE OFFICE, KUMBALANGHI ERNAKULAM DISTRICT-682 007.
2. THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM. PIN-682 030.
3. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.P.K.ABDUL RAHMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2015, ALONG WITH WPC. 15874/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VS
WP(C).No. 9152 of 2012 (T) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :
---------------------------------------- EXT.P1A TRUE COPY OF THE LICENSE ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 10.1.2008 BY THE GOVERNMENT OF INDIA EXT.P2A TRUE COPY OF THE BUILDING PERMIT NO.D-184/2011-12 DATED 1.12.2011 ISSUED BY THE SECRETARY; KUMBALANGHI GRAMA PANCHAYAT EXT.P3 - A TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN WPC.NO.1007/2012 DATED 23.1.2012 EXT.P4 - A TRUE COPY OF THE ORDER MADE IN IA.NO.144/2012 IN APPEAL NO.72 OF 2012 OF THE COURT OF THE TRIBUNAL FOR SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 30.1.2012 EXT.P5 - A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT THROUGH 1ST RESPONDENT DATED 4.4.2012 IN PETITION SUBMITTED BY THE WARD MEMBERS.
EXT.P6 - A TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN WPC.NO.14929/2010 DATED 28.9.2011 RESPONDENT(S)' EXHIBITS :
NIL -------------------------------------------- /TRUE COPY/ PA TO JUDGE VS
A.M.SHAFFIQUE, J.
---------------------------------------------------------- W.P.(C).No.9152 of 2012 ----------------------------------------------------------- Dated this the 11th day of November, 2015
JUDGMENT
Petitioners challenge the stay order passed by the District Collector, on the basis of a complaint given by a private party before the District Collector. Petitioners submit that it has undertaken the work of construction of a mobile telecommunication tower and on the basis of Ext.P5 complaint dated 07.03.2012, the District Collector had stayed the construction of the tower until further orders. According to the petitioner the order passed by the District Collector is totally invalid as the District Collector has no power to issue such proceedings, which has been clarified by the learned Senior Judge of this Court in WPC.No.14929/2010.
2. It is now brought to the notice of this Court that the construction of the tower had already been completed. Under such circumstances, there is no necessity to consider this matter on merits. If the
W.P.(C).No.9152 of 2012 petitioner has any further grievance in the matter, he can approach the District Collector and seek for modification of the order.
With the above observation, this writ petition is dismissed.
Sd/- A.M.SHAFFIQUE JUDGE vs