Indus Towers Limited vs Vazhakkad Grama Panchayat

N.Nagaresh, J

The petitioner, a registered Telecom Infrastructure provider has approached this Court aggrieved by Ext.P11 order of the Tribunal for Local Self

Government institutions. The petitioner is also aggrieved by Exts.P3, P4 and P12 issued by the 1st respondent-Vazhakkad Grama Panchayat. The

petitioner seeks to declare that they are entitled to proceed with the construction of Telecommunication tower on the strength of Ext.P1 building

permit,as its validity stands extended.

When this writ petition came up for admission on 17.12.2020, this Court noted that in the light of the findings in Ext.P11 order, the telecom tower is

one constructed in accordance with the building rules. This Court directed that the petitioner shall not energise/operate the tower without further

orders from this Court. On 08.06.2021, this Court further passed an order directing the respondents to consider the application submitted by the

petitioner for regularisation of the constructions.

When this writ petition came up today, the learned Standing Counsel for the respondents 1 and 2 submitted that pursuant to the orders of this Court,

the application for regularisation of the construction was considered and it was allowed. The Grama Panchayat has also allocated building number to

the construction.

In view of the subsequent developments during the pendency of the writ petition, this Court is of the opinion that no further adjudication is

warranted in this writ petition. It is submitted by the petitioner that in view of the regularisation of the building by the Panchayat, now the only

requirement is that the petitioner should be permitted to energise and operationalize the Telecom tower.

In view of the regularisation of the construction, the writ petition is disposed of permitting the petitioner to operationalise/energise the Telecom tower.

Exts.P3, P4 and P12 are set aside. It is made clear that all other legal questions raised in this writ petition are left open.