INDUS TOWER LIMITED Vs. SECRETARY, KALAMASSERY MUNICIPALITY

JUDGEMENT

(1.) The petitioner, a Company incorporated under the Companies Act and licenced by the Government of India under Section 4 of the Indian Telegraph Act to establish and maintain infrastructure for telecommunication services, is before this Court seeking to quash Exts.P4 and P6 orders and direct the respondent to issue building permit in terms of Ext.P1 application.

(2.) The petitioner states that it has taken out on lease land in Ward No.34 of Thrikkakara Village, Kanayannoor Taluk. The petitioner submitted an application for building permit for installation of Telecommunication Tower. Though the application submitted to the respondent?Secretary to Municipality was supported by all requisite documents, the respondent issued Ext.P4 letter stating that since the land where Telecommunication Tower is proposed to be erected is in the residential zone under the Kochi City Structural Plan, permission for construction cannot be granted and in view of Rule 3(3) of the Kerala Municipality Building Rules, 2019, the application cannot be entertained.

(3.) The petitioner pursued the matter further and pointed out to the respondent that in Ext.P5 judgment in WP(C) No.7006/2021, this Court has held that Rule 86(2) will prevail in the matter of grant of building permit for Telecommunication Towers. Thereupon, the Secretary to the Municipality issued Ext.P6 communication stating that Ext.P5 judgment is not related to the application submitted by the petitioner and hence it cannot be applied to the petitioner.