ANANTHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are residents of Kozhukkully in Thrissur District have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order dated 01.09.2014 of the Tribunal for Local Self Government Institutions in Appeal No.155 of 2014 arising out of a stop memo No.A7-5455/13 dated 01.01.2014 issued by the 3 rd respondent Secretary of Nadathara Grama Panchayath. The petitioners have also sought for a writ of mandamus commanding the 4 th respondent, the District Collector, Thrissur, to consider Ext.P4 complaint made against erection of telecommunication tower by the 5 th respondent in the property referred to in that representation.

(2.) On 19.06.2015, when this writ petition came up for admission, this Court issued notice by speed post to respondents 3 and 5. The learned Government Pleader took notice for respondents 1 and 4 and notice to the 2 nd respondent was dispensed with. By an interim order, this Court directed the 4 th respondent to consider Ext.P4 complaint made by the petitioners, within a period of one month from the date of receipt of a copy of that order, after affording the petitioners and the affected parties an opportunity of being heard. It was ordered that till that exercise is completed, the 5 th respondent shall stop erection of the telecommunication tower.

(3.) A counter affidavit has been filed by the 5 th respondent. Paragraph 3 of the said counter affidavit reads thus: