High Court Kerala High Court

Sasikumar.T.K. vs State Of Kerala Represented By Its on 13 November, 2009

Kerala High Court
Sasikumar.T.K. vs State Of Kerala Represented By Its on 13 November, 2009
       

  

  

 
 
  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.
                   -------------------------------------------
                     W.P(C).No.32157 OF 2009
                  -------------------------------------------
           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.