Anil Kumar E.M And Ors vs Indus Towers Ltd And Ors

The writ petition has been filed seeking to quash Ext.P1 and direct the 4th respondent to consider objections raised by the petitioners and other residents of the locality where the 1st respondent proposes to install a telecom tower as per Ext.P1 building permit.

The learned counsel for the petitioners would submit that a telecom tower is being constructed in a "Thodu Puramboke" area and the construction is going on. The petitioners have produced Ext.P5 mass petition submitted before the Municipal Secretary, Thiruvalla, pointing out that there are Schools and Libraries functioning close to the proposed telecom tower and the place where the telecom tower is proposed to be erected is a converted wet land. Therefore the construction would be illegal and against public interest, contended the learned counsel for the petitioners.

As regards the complaint placed before the 3rd respondent - Municipal Secretary, Thiruvalla, the learned standing counsel appearing for the 3rd respondent would submit that the issue of telecom tower is pending consideration before the District Telecom Committee and the petitioners have placed their grievance before the District Telecom Committee.

The 1st respondent would submit that the writ petition is frivolous and the pendency of the writ petition is causing considerable difficulties to the 1st respondent in as much as they cannot start construction of the telecom tower. The writ petition is therefore liable to be dismissed, as the issue is pending before a competent Forum, contended the learned Standing Counsel for the 1st respondent.

The 4th respondent-District Telecom Committee has filed a counter affidavit in which it has been stated that the 4th respondent has gathered information and reports from the 3rd respondent and the 3rd respondent has stated that the site where the telecom tower is proposed is not a 'thodu' or 'road puramboke'. The learned counsel for the 4th respondent submits that the complaint of the 1st respondent is received by the 4th respondent on 04.02.2019 and it was taken for consideration by the District Telecom Committee convened on 11.02.2019. A report was called for from Thiruvalla Municipality as to whether the construction of the telecom tower is in 'thodu puramboke'. Now due to the pendency of the writ petition the 4th respondent has not proceeded with the issue.

The learned counsel for the petitioners would submit that though the sanction granted was for construction of telecom tower in a place other than a 'thodu puramboke', now actual construction is on a 'thodu puramboke'. Therefore a physical inspection of the site may be necessary.

Heard.

In the circumstances of the case, this Court deem it not necessary to adjudicate the issue involved in the writ petition now, since the issue is pending before the competent Forum namely District Telecom Committee. Therefore, the writ petition is disposed of directing the 4th respondent to take appropriate decision in the matter in accordance with law after hearing the petitioners, 3rd respondent and other affected parties within a period of two months.