ATC TELECOM INFRASTRUCTURE Vs. KALLIKADU GRAMA PANCHAYTH

JUDGEMENT

(1.) The petitioner, a Telecom Infrastructure Company, has approached this Court seeking to set aside Ext.P11 and P13 and to direct the respondent Panchayat to renew Ext.P1 building permit for a further period of one year from the date of issuance of renewed permit.

(2.) The petitioner submitted an application for constructing a Telecommunication Tower in Kallikadu Village, Kattakada Taluk of Thiruvananthapuram District. After inspection of the site, the Panchayat issued Ext.P1 building permit on 28.03.2018. Some residents of the locality made complaints to the District Telecom Committee against construction of the Telecom Tower. By Ext.P2 proceedings dated 14.11.2018, the District Telecom Committee dismissed the complaint.

(3.) While the construction was being proceeded with, the 1st respondent Panchayat issued Ext.P3 stop memo dated 01.12.2018. Ext.P3 proposed to constitute a Technical Expert Committee under Rule 12 (9) of the Kerala Panchayat Building Rules, 2011. The petitioner would submit that the Rule 12 would not apply to the construction being carried out by the petitioner for the reason that it is applicable only in cases where depth of the excavation made is more than the horizontal distance from the plot boundary to the said excavation cutting.