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High Court of KeralaWP(C)/28474/2015disposed of

M/S Reliance Jio Infocomm Limited v. District Telecom Committee

2015-09-18Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 ---------------------------- PETITIONER:

------------------- M/S RELIANCE JIO INFOCOMM LIMITED, (PREVIOUSLY KNOWN AS INFOTEL BROADBAND SERVICES LTD., HAVING ITS REGIONAL OFFICE AT CHANDRIKA TOWERS, S A ROAD, VYTILLA, KOCHI - 19, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR.VINOD GIYAL BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S):

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1. DISTRICT TELECOM COMMITTEE, PALAKKAD, REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, PALAKKAD.

2. STATE OF KERALA, REPRESENTED BY SECRETARY, INFORMATION TECHNOLOGY DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

--------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE LICENE AGREEMENT.

EXT. P2 :

TRUE COPY OF THE LETTER DATED 23.6.2011.

EXT. P3 :

TRUE COPY OF THE UNIFIED LICENSE DATED 21.10.2013 WITHOUT ITS ANNEXURES.

EXT. P4 :

TRUE COPY OF THE BUILDING PERMIT WITH RESPECT TO SY.NO.11/6 OF CHITTUR VILLAGE, PALAKKAD.

EXT. P4(A) :

TRUE COPY OF THE BUILDING PERMIT WITH RESPECT TO SY.NO.9/4 OF THATHAMANGALAM VILLAGE, PALAKKAD.

EXT. P4(B) :

TRUE COPY OF THE BUILDING PERMIT WITH RESPECT TO SY.NO.438/14 OF PPM II VILLAGE, PALAKKAD.

EXT. P4(C) :

TRUE COPY OF THE BUILDING PERMIT WITH RESPECT TO SY.NO.2/1, 4/1, 149/2, 9 OF VANIYAMKULAM VILLAGE, PALAKKAD. EXT. P4(D) :

TRUE COPY OF THE BUILDING PERMIT ISSUED WITH RESPECT TO SY.NO.466, 465.2/11 OF PALAKKAD II VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT.

EXT. P4(E) :

TRUE COPY OF THE BUILDING PERMIT ISSUED WITH RESPECT TO SY.NO.1214.1/33 OF PALAKKAD II VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT.

EXT.P5 :

TRUE COPY OF THE GOVERNMENT ORDER DATED 15.3.2014 ISSUED BY THE 2ND RESPONDENT.

EXT.P6 :

TRUE COPY OF THE GOVERNMENT ORDER DATED 2.8.2014 ISSUED BY THE 2ND RESPONDENT.

EXT.P7 :

TRUE COPY OF THE GOVERNMENT ORDER DATED 5.11.2014 ISSUED BY THE 2ND RESPONDENT.

EXT. P8 :

TRUE COPY OF THE APPLICATION SUBMITTED WITH RESPECT TO SY.NO.11/6 OF CHITTUR VILLAGE, PALAKKAD.

EXT. P8(A) :

TRUE COPY OF THE APPLICATION SUBMITTED WITH RESPECT TO SY.NO.9/4 OF THATHAMANGALAM VILLAGE, PALAKKAD. EXT. P8(B) :

TRUE COPY OF THE APPLICATION SUBMITTED WITH RESPECT TO SY.NO.438/14 OF PPM II VILLAGE, PALAKKAD.

EXT. P8(C) :

TRUE COPY OF THE APPLICATION SUBMITTED WITH RESPECT TO SY.NO.2/1, 4/1, 149/2, 9 OF VANIYAMKULAM VILLAGE, PALAKKAD. --2--

--2-- --------------------------------------- EXT. P8(D) :

TRUE COPY OF THE APPLICATION SUBMITTED WITH RESPECT TO SY.NO.466, 465.2/11 OF PALAKKAD II VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT.

EXT. P8(E) :

TRUE COPY OF THE APPLICATION SUBMITTED WITH RESPECT TO SY.NO.1214.1/33 OF PALAKKAD II VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT.

EXT. P9 :

TRUE COPY OF THE REMINDER SUBMITTED WITH RESPECT TO SY.NO.9/4 OF THATHAMANGALAM VILLAGE, PALAKKAD. EXT. P9(A) :

TRUE COPY OF THE REMINDER SUBMITTED WITH RESPECT TO SY.NO.438/14 OF PPM II VILLAGE, PALAKKAD.

EXT. P9(B) :

TRUE COPY OF THE REMINER SUBMITTED WITH RESPECT TO SY.NO.2/1, 4/1, 149/2, 9 OF VANIYAMKULAM VILLAGE, PALAKKAD. EXT. P9(C) :

TRUE COPY OF THE REMINER SUBMITTED WITH RESPECT TO SY.NO.466, 465.2/11 OF PALAKKAD II VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT.

EXT. P9(D) :

TRUE COPY OF THE REMINER SUBMITTED WITH RESPECT TO SY.NO.1214.1/33 OF PALAKKAD II VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT.

EXT. P10:

TRUE COPY OF THE JUDGMENT IN WP(C)NO.9345/2015 PASSED BY THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28474 of 2015 ---------------------------------------- Dated this the 18th day of September, 2015

J U D G M E N T

The petitioner/company approached the first respondent by Ext.P8 series of applications, which are pending consideration.

2. This Court is of the view that Ext.P8 series of applications shall be considered by the first respondent after hearing the petitioner and the local residents, who are objecting the erection of mobile tower by the petitioner. Needful shall be done within a period of one month from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/