P.RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a resident of Choorakkad, Thekkumbhagam in Tripunithura, has filed this writ petition praying to quash Exts.P1, P2 and P4 and to direct the 2nd respondent not to implement any action pursuant to Exts.P1 and P2.

(2.) The petitioner states that more than 100 families are residing in the area at Thekkumbhagam where the petitioner resides, which is along the western side of Vaikom-Tripunithura Road. The 3rd respondent obtained permission from the District Collector to erect a Telecommunication Tower in the Area. The property where the Telecommunication Tower is proposed is owned by the 5th respondent and leased out to the 3rd respondent. The Ayurveda Medical College Hospital, Choorakkad Government UP School and an Eight storied Residential Complex are within 150 to 200 metres distance from the proposed Tower location. Against the grant of Building Permit for the Tower, the petitioner filed Appeal before the Tribunal for Local Self Government Institutions. The appeal was dismissed as per Ext.P4 Order.

(3.) The petitioner submits that though Ext.P6 Site Plan of the Tower shows 6 Cents plot area, the extent available is only 4.5 Cents, as would be disclosed by Ext.P8 Lease Deed. The petitioner produced another Ext.P10 Lease Deed for 6 Cents area along with the application. When the said Lease Deed was produced, an extent of 1.5 cents out of 6 Cents was already sold to one Mr. Francis as per Ext.P9. The 3rd respondent-Company has manipulated the records.