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Judgment
21 paragraphs · 561 wordsP.V.Kunhikrishnan, J.
These writ petitions are connected and therefore I am disposing of these two writ petitions by a common judgment.
W.P.(C)No.24168/2023 is filed with the following prayers:
“(i) Issue a writ in the nature of mandamus or such other writ order or direction commanding the 3rd and 4th respondents to act upon Exhibit P2 communication of the 2nd respondent and afford adequate, timely and effective protection to the petitioner for the construction of telecommunication towers without any let, hindrance or obstruction from respondents 5 to 10 of their henchmen.
(ii) Issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iii) Dispense with the translation of vernacular documents”[SIC]
W.P.(C)No.25422/2023 is filed with the following prayers:
“i) To issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the respondents 1 to 5 to ensure that the 6th respondent is constructing the telecommunication tower in ward no.3 of the Chettikulangara Grama Panchayath without violating Ext.P1 guidelines.
ii) To issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the 4th respondent to consider and pass order on Ext.P3 in accordance with law after affording an opportunity of hearing to the petitioner within a time frame fixed by this Hon'ble Court.
iii) To dispense with filing of the English translation of the vernacular Documents.
iv) To grant such other reliefs that are found just and necessary to be granted in the facts and circumstances of this case and as may be prayed during the pendency of this case before this Hon'ble Court.”[SIC]
When W.P.(C)No.24168/2023 came up for consideration before this Court on 25.07.2023, this Court passed the following order:
“Admit.
Government Pleader takes notice for respondents 1 to 4. Issue notice by special messenger to respondents 5 to 10.
In the light of Exts.P1 and P2, I think there can be an interim order in this case. The 4th respondent is directed to provide adequate police protection to the petitioner for the construction of telecommunication towers, without any obstruction from respondents 5 to 10 and their men.
Post on 03/08/2023.”
The petitioner in W.P.(C)No.25422/2023 submitted Ext.P3 complaint before the 4th respondent. The grievance of the petitioner in W.P. (C)No.25422/2023 is that the same is not considered and the construction of the tower is going on. The learned Government Pleader submitted that a meeting is convened by the 4th respondent in W.P.(C)No.25422/2023 on 04.08.2023. If that be the case, the further construction of the tower can be decided based on the decision taken in the meeting convened by the 4th respondent.
Therefore, these writ petitions are disposed of in the following manner:
i. The 4th respondent in W.P. (C)No.25422/2023 is directed to consider Ext.P3 also in the meeting scheduled on 04.08.2023.
ii. Based on the decision taken by the 4th respondent in W.P.(C)No.25422/2023, the petitioner in W.P.(C)No.24168/2023 can proceed with the construction of the tower. If the 4th respondent allowed to proceed with the construction and if there is any obstruction from anybody, the police will do the needful to see that there is no obstruction.
iii. The 4th respondent in W.P. (C)No.25422/2023 will hear all the parties to whom notice is issued and appeared before the 4th respondent.