LAWS(KER)-2020-10-269

RAVEENDHRAN Vs. CHOORNIKKARA GRAMAPANCHAYATH

Decided On October 22, 2020
Raveendhran Appellant
V/S
Choornikkara Gramapanchayath Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the building permit issued to ATC Telecom Infrastructure Pvt. Ltd. to erect tower.

(2.) The building permit was issued on 29.01.2019. This writ petition was filed on 29.04.2020.

(3.) The petitioners' challenge is on the ground that the Panchayat granted permission to erect the mobile tower in a land classified as 'nilam'. The petitioners also raised a challenge by placing reliance on notification issued by the Ministry of Communication dated 15.11.2016. According to the petitioners, the mobile infrastructure company had not submitted the necessary information in accordance with Rule 9 of the Indian Telegraph Right of Way Rules, 2016, before the local authorities to obtain building permit.