IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32157 of 2009(L)
1. SASIKUMAR.T.K., S/O.KUNJUNNI,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. UDAYAMPEROOR GRAMA PANCHAYAT,
3. INDUS TOWERS LTD., A COMPANY REGISTERED
4. SABU, S/O.RAMAN,
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :13/11/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.32157 OF 2009
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Dated this the 13th day of November, 2009
JUDGMENT
Notice to respondents 2 to 4 dispensed with, preserving
their right for re-hearing of the matter, if aggrieved. Learned
Government Pleader appears for the first respondent.
The petitioner complains that the third respondent is
carrying on with illegal construction of a mobile tele-
communication tower in a building belonging to the 4th
respondent, which is near to the residence of the petitioner. The
only complaint of the petitioner that could be entertained is that
the erection is in violation of the relevant provisions of the
Kerala Municipality Building Rules and without statutory
clearance. Hence, it is ordered that the second respondent will
ensure that the tower is not installed, unless it satisfies the
relevant provisions of the KMBR and the same is being installed
with the consent and sanction of the appropriate authorities in
WPC.32157/09
2
terms of the statutes which govern the installation of mobile
telecommunication towers. This writ petition is ordered
accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.17/11.