ATC TELECOM INFRASTRUCTURE PVT LTD Vs. KERALA STATE TELECOM ADVISORY COMMITTEE OF REPRESENTED BY ITS CHAIRMAN, I T SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking a declaration that the petitioner is entitled to get a deemed building permit as per Sec.236(3) of the Kerala Panchayat Raj Act, 1994, and also to issue a direction to the 3rd respondent to issue certificate of deemed permit within the time framed fixed by this Court, and further consequential and related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner herein is a Mobile Tower infrastructure company. For enhancing the coverage in the Vadanappally area, petitioner applied for a building permit before the 3rd respondent Panchayat on 16.02017, evident from Ext.P1. On 20.04.2017, the 3rd respondent Panchayat issued Ext.P3 communication to the petitioner, stating that a mass petition has been received by the Panchayat President against the construction of telecommunication tower, and the same was forwarded to the District Telecom Advisory Committee for consideration. The District Telecom Committee conducted a meeting on 14.07.2017, and after an elaborate consideration of the matter, the Committee decided to consider the matter after orders are passed by the Panchayat Secretary on the application submitted by the petitioner.

(3.) Thereafter, the Panchayat Secretary informed the petitioner that the Panchayat Committee decided to forward the complaint submitted by the residents of the locality to the 1st respondent, i.e. the Kerala State Telecom Advisory Committee of Telecom Towers, and further decided to grant permit only after the decision taken by the 1st respondent on the complaint forwarded by the Panchayat, ignoring the objection raised by the 3rd respondent. According to the petitioner, the said decision taken by the 2nd respondent is illegal and arbitrary in view of the judgment rendered by this Court in 'Antony K.P. v. Chellanam Grama Panchayat</A>, (2009) 3 KLT 334', and also on account of Ext.P9 order passed by the State Government dated 05.11.2014.