High CourtsSingle Bench

Chacko Mathew, Kochuthundil Veedu, Narickal P.O., Punalur, Kollam Vs

High Court Of Kerala · Decided on 30 June 2021 · Citation: (2021) 06 KL CK 0451

HON’BLE JUDGES
N.Nagaresh, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 30853 Of 2013

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Judgment

10 paragraphs · 192 words

N. Nagaresh, J

1.

The petitioners have approached this Court challenging Ext.P7 building permit granted to the 4th respondent for erecting a mobile tower in

Karavaloor Grama Panchayat in Kollam District. When this writ petition came up today for hearing, the learned Standing Counsel for the 4th

respondent submitted that the validity of Ext.P7 building permit has already expired and the 4th respondent has not made any application for issuance

of fresh building permit for constructing the mobile tower.

2.

The learned Standing Counsel for the t4h respondent would further submit that the Rule 129(1) of the Kerala Panchayat Rules

challenged by the petitioners is no more in the statute book and therefore that prayer of the petitioners does not also survive.

3.

In view of the said submissions made by the learned Standing Counsel, the cause of action of the petitioners does not appear to survive at this

distance of time. Accordingly, this writ petition is dismissed as infructuous, however granting liberty to the petitioner to agitate any grievance relating

to erection of mobile tower by the 4th respondent at any future point of time, if the petitioners are so advised.