Indus Towers Ltd v. The Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31357 of 2015 (T) ---------------------------- PETITIONER(S):

INDUS TOWERS LIMITED, VANKARATH TOWER, 8TH FLOOR, NH BYEPASS, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR M.N., HEAD LEGAL.

BY ADV. SRI.P.SATHISAN RESPONDENT(S):

1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645.

2. THE CHAIRMAN, DISTRICT TELECOM COMMITTEE (DISTRICT COLLECTOR), PATHANAMTHITTA-689 645.

3. KALLOOPPARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KALLOOPPARA, MALLAPPALLY, PATHANAMTHITTA-689 583.

4. KONNI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KONNI, PATHANAMTHITTA DISTRICT-689 691.

5. KUTTOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUTTOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICFT-689 106.

6. ENADIMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ENADIMANGALAM P.O., ADOOR, PATHANAMTHITTA DISTRICT-691 523.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 31357 of 2015 (T) APPENDIX PETITIONER(S)' EXHIBITS :

EXT. P1 :

TRUE COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY-I (IP-I) EXT. P1(A) : TRUE COPY OF THE CERTIFICATE ISSUED BY GOVT. OF INDIA WITH RESPECT TO THE NAME CHANGE.

EXT. P2 :

TRUE COPY OF THE BUILDING PERMIT DT 30-5-2015. EXT. P3 :

TRUE COPY OF THE BUILDING PERMIT DT 8-7-2014. EXT. P4 :

TRUE COPY OF THE BUILDING PERMIT DT 13-8-2015. EXT. P5 :

TRUE COPY OF THE BUILDING PERMIT DT 2-5-2015. EXT. P6 :

TRUE COPY OF THE GOVERNMENT ORDER DT 15-3-2014. EXT. P7 :

TRUE COPY OF THE GOVERNMENT ORDER DT. 5-11-2014. EXT. P8 :

TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT 2-10-2014 IN WPC. 15250/2013.

EXT. P9 :

TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT DT 11-72015. EXT. P10 :

TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT DT 5-12015. EXT. P11 :

TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT DT 16-92015. EXT. P12 :

TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT DT 19-52015. EXT. P13 :

TRUE COPY OF THE PETITION SUBMITTED BEFORE POLICE OFFICIALS DT 12-5-2015.

RESPONDENT(S)' EXHIBITS :

NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 31357 of 2015 ================== Dated this the 14th day of October, 2015

J U D G M E N T

The petitioner, Telecommunication Infrastructure Company approached the District Telecom Committee/ 2nd respondent by Exts.P9 to P12.

2.

The petitioner approached this Court on account of delay in concluding the proceedings based on Exts.P9 to P12. 3.

This Court is of the view that appropriate decision shall be taken on the above applications of the petitioner after hearing the petitioner and effected parties within two months from the date of receipt of the copy of this judgment. It is also open for the Chairman of the District Telecom Committee to take appropriate measures to maintain law and order if so warranted on the request of the petitioner pending consideration of the applications. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE