Jayakumar vs Indus Towers Ltd on 25 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2453 of 2010(F)


1. JAYAKUMAR, S/O.VASUDEVAN PILLAI,
                      ...  Petitioner

                        Vs



1. INDUS TOWERS LTD, 8TH FLOOR,VANDANATH
                       ...       Respondent

2. VENUGOPAL, S/O.GOPALA PILLAI

3. THE PANDALAM GRAMA PANCHAYATH

4. THE DISTRICT COLLECTOR,

5. THE STATE OF KERALA, THROUGH THE

                For Petitioner  :SRI.SAKIR.K.H.

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/01/2010

 O R D E R
                        ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 2453 OF 2010 (F)
                 =====================

           Dated this the 25th day of January, 2010

                           J U D G M E N T

Petitioner’s grievance is against the mobile

telecommunication tower, which is proposed to be set up by the

1st respondent. According to the petitioner, the area identified is

a residential area and the permit is granted in violation of Ext.P1

Government Circular dated 10/8/2009. On the petitioner’s own

showing, he approached the Munsiff’s Court, Adoor by filing OS

NO.24/2010 and summons has been issued to the authorities

concerned. In the suit, the petitioner has already moved an

interlocutory application for injunction. Therefore, the petitioner

having already approached the Civil Court, cannot be allowed to

pursue parallel proceedings. Therefore, I am not persuaded to

interfere.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp