AMBALLOORE GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY Vs. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS

JUDGEMENT

(1.) The captioned writ petitions are materially connected and filed by the Grama Panchayat, challenging the orders passed by the Tribunal for Local Self Government Institutions, directing the Secretary of the Grama Panchayat to re-consider the applications for building permit submitted by the 2nd respondent in the writ petitions, for construction of Telecom Tower, within a period of 30 days from the date of receipt of the order. Therefore, I heard them together and propose to deliver this common judgment. The contentions raised are common in nature, and therefore, I am relying upon the pleadings and documents contained in W.P.(C) No.38438 of 2018.

(2.) An application for building permit was submitted by the Telecom Infrastructure company, which was rejected as per Ext.P4 order by the Secretary of the Grama Panchayat, assigning the reason that the committee of the Grama Panchayat has taken a decision not to grant any building permit for telecom towers within the Grama Panchayat, and therefore, the licence application submitted by the 2nd respondent cannot be considered. It was thus challenging the said order, appeals were preferred before the Tribunal by the infrastructure provider and the Tribunal has set aside the orders and directed the Secretary to re-consider the application for building permit, by taking into account the observations made by the Tribunal.

(3.) I have considered the rival submissions made across the Bar and perused the pleadings and the documents on record.