Roy Augustine vs State Of Kerala

N. Nagaresh, J

The petitioners are before this Court aggrieved by the proposal of the 6th respondent to erect a telecom tower in Ramapuram Grama Panchayat.

According to the petitioners, installation of telecom tower is in violation of the Building Rules and no clearance was obtained from the District Telecom

Committee headed by the 2nd respondent. The petitioners would further submit that the 4th respondent-Panchayat has violated all known norms of

natural justice in permitting the 6th respondent to construct the telecom tower.

2. The 6th respondent has filed a counter affidavit in the matter. The 6th respondent submitted that they have constructed the telecom tower after

obtaining all requisite licences.

3. The learned Standing Counsel for respondents 3 and 4, however, contended in their statement that the Panchayat had issued Ext.R4(a) stop

memo against the 6th respondent and construction, if any, made in violation of Ext.R4(a) stop memo will be illegal and will be liable to be removed.

4. I have heard the learned counsel for the petitioners, the learned Government Pleader and the learned Standing Counsel appearing for the

respondents.

5. The issue of installation of telecom tower in question is pending before the District Telecom Committee, according to the petitioners. The District

Telecom Committee is not hearing the matter in view of the pendency of this writ petition.

6. In view of the instructions issued by the Government of Kerala, any complaint against installation of telecom tower can be considered by the

District Telecom Committee. Since the matter is pending before the competent Committee, this Court do not deem it necessary to pass any orders in

this writ petition at this stage.

In such circumstances, the writ petition is disposed of permitting the petitioners to pursue their grievances against the installation of telecom tower

before the District Telecom Committee.