High Court of KeralaWP(C)/10473/2015disposed of

Subhasini.K.N v. The Telecom District Committee

2015-03-31Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No.10473 of 2015 (H) PETITIONER'S:

SUBHASINI.K.N,W/O.SATHYANATHAN, AGED 60 YEARS,RESIDING AT LAKSHMI POORNA, AINY ROAD,MARADU P.O.,THRIPOONITHRA, ERNAKULAM DISTRICT,PIN - 682 304.

N.G.K.MENON,S/O.LATE P.N.MENON,AGED 84 YEARS, RETIRED DEPUTY GENERAL MANAGER COCHIN SHIPYARD, RESIDING AT SREE RAGAM,AINY ROAD,MARADU P.O.

THRIPOONITHRA,ERNAKULAM DISTRICT,PIN - 682 304. 3.

BABUMON GOPI,S/O.GOPINATHAN NAIR,AGED 40 YEARS, RESIDING AT SREE HARI,AINY ROAD,MARADU P.O., THRIPOONITHURA,ERNAKULAM DISTRICT,PIN - 682304. BY ADVS.SRI.V.AJITH NARAYANAN SRI.RAJESH NAIR SRI.BIJOY CHANDRAN RESPONDENTS:

THE DISTRICT TELECOM COMMITTEE, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT,COLLECTORATE,CIVIL STATION, KAKKANAD,ERNAKULAM DISTRICT,PIN - 682 030.

THE SECRETARY,MARADU MUNICIPALITY, MARADU P.O., THRIPOONITHURA,ERNAKULAM DISTRICT,PIN - 682 304. 3.

MR.VIDHYADHARAN THAMPI,SIVAPRASADAM ASRAMAM, PANDAVATHU,AINY ROAD,MARADU P.O., THRIPOONITHURA,ERNAKULAM DISTRICT,PIN - 682 304. 4.

THE SECRETARY,DEPARTMENT OF TELE COMMUNICATIONS, NEW DELHI - 1.

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

R1 & R5 BY GOVT. PLEADER SRI.JOSEPH GEORGE R2 BY SRI.T.R.RAJAN,S.C R4 BY N.NAGARESH,ASGI.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.10473 of 2015 (H) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------ EXT.P1:TRUE COPY OF THE REPRESENTATION DATED 24/12/2014 BEFORE THE SECRETARY, MARADU MUNICIPALITY.

EXT.P2:JUDGMENT DATED 16/07/2014 IN WPC NO.7515/2014 BY THE HON'BLE HIGH COURT OF KERALA.

EXT.P3:TRUE COPY OF THE GOVERNMENT ORDER GO (MS) NO.14/2014/ITD DATED 02/08/2014.

EXT.P4:TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.31/2014/ITD DATED 05/11/2014, THIRUVANANTHAPURAM.

EXT.P5:TRUE COPY OF THE DEPARTMENT OF TELECOMMUNICATIONS ADVISORY GUIDELINES FOR STATE GOVERNMENTS FOR ISSUE OF CLEARANCE FOR INSTALLATION OF MOBILE TOWERS (EFFECTIVE FROM 01/08/2013).

EXT.P6:TRUE COPY OF THE GUIDELINES OF GOVERNMENT OF KERALA FOR ISSUE OF CLEARANCE/PERMIT FOR INSTALLATION OF MOBILE TOWERS.

EXT.P7:TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS AND 76 SIMILARLY SITUATED OTHERS BEFORE THE 1ST RESPONDENT,COMPETENT AUTHORITY.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.10473 of 2015 --------------------------------------- Dated this the 31st day of March, 2015

JUDGMENT

Petitioners have approached this Court with the following prayers:

I. issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, directing the 1st respondent here in to take a considered decision up on Exhibit P7, after conducting spot inspection with experts and also after affording an opportunity for hearing to the petitioners herein, after calling for the records leading to the same, II. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 1st respondent to take a considered decision upon Exhibit P7, after conducting spot inspection with experts and also after affording an opportunity for hearing to the petitioners herein, III. grant such other reliefs as this Hon'ble Court deems fit and proper in the factual circumstances of the case, IV. order costs for these proceedings."

2. Heard the learned counsel for the petitioners, the learned Government Pleader appearing for the respondents 1 and 5, the learned Standing Counsel appearing for the 2nd respondent and the learned Standing Counsel appearing for the 4th respondent as well.

3. The learned counsel for the petitioners points out that, the grievance of the petitioners stands highlighted by way of Ext.P7, which is pending consideration before the first respondent, who is

W.P.(C) No.10473 of 2015 the duly constituted committee and the competent authority to have the matter considered. Prayer is to cause the same to be considered and disposed of within a reasonable time.

4. In view of the limited extent of relief sought for, this Court does not find it necessary to issue notice to the 3rd respondent for the time being.

5. The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P7 after affording an opportunity of hearing to the petitioners and other interested parties, including respondents 2 and 3, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.

'Status quo' shall be maintained till such time. The petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent, for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE sp