High Court Kerala High Court

Muttada Residents Association vs Corporation Of Trivandrum on 23 February, 2010

Kerala High Court
Muttada Residents Association vs Corporation Of Trivandrum on 23 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2987 of 2010(W)


1. MUTTADA RESIDENTS ASSOCIATION,
                      ...  Petitioner

                        Vs



1. CORPORATION OF TRIVANDRUM,REPRESENTED BY
                       ...       Respondent

2. M/S.TOWER VISION INDIA PRIVATE LIMITED,

                For Petitioner  :SRI.K.C.CHARLES

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/02/2010

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 2987 OF 2010 (W)
                 =====================

           Dated this the 23rd day of February, 2010

                          J U D G M E N T

Petitioner’s complaint is that the 2nd respondent is proposing

to install a mobile cellular tower on top of a three storied building,

which according to the petitioner is not strong enough to

accommodate the tower. It is also their case that the 2nd

respondent has not obtained necessary licences for the

installation of the tower. As pointed out by the petitioner, acting

upon their complaint, Corporation has issued Ext.P4 stop memo

and it was thereafter that the writ petition was filed.

2. When the matter was taken up for hearing, both the

counsel for the petitioner and the senior counsel for the 1st

respondent points out that in pursuance to Ext.P4 stop memo,

parties have been heard and orders are yet to be passed.

3. Now that the Corporation has already initiated action

as per Ext.P4 stop memo, necessarily the Corporation has to pass

orders considering the objections raised by both sides.

4. In view of the above, it is directed that the Corporation

shall consider the objections and pass final orders in pursuance to

WPC 2987/10
:2 :

Ext.P4. This shall be done, as expeditiously as possible, at any

rate within one month.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp