TOWER VISION INDIA (PRIVATE ) LIMITED Vs. ELOOR MUNICIPALITY

JUDGEMENT

(1.) The petitioner, which is stated to be a company registered under the provisions of the Companies Act - engaged in the business of providing telecom service facilities, has approached this Court impugning Ext.P12, as per which, their objections against revocation of a building permit earlier granted to them; and on the strength of which, they have already constructed a telecommunication tower, has been rejected solely citing the reason that the area in question is a residential zone, as per the Kochi Structural Plan.

(2.) According to the petitioner, as is clear from Ext.P11 judgment - which they had obtained earlier in W.P. (C)No.39677/2016 - a learned Judge of this Court had considered these issues and directed the Municipality to issue orders ascertaining whether the telecommunication tower constructed by the petitioner falls within a residential zone as per the structural plan of the city of Kochi and that the said Authority was also asked to advert to all relevant and germane inputs for this purpose.

(3.) The petitioner says that thereafter, as is evident from Ext.P12, the Municipality had addressed a letter to the Senior Town Planner, but that even without waiting for a clarification to be obtained from the said Officer, they have issued Ext.P12 in a mechanical fashion, rejecting their objections for the sole reason that the Engineering Wing of the Municipality has certified that the area is within the residential zone as per the Structural Plan. The petitioner says, that Ext.P12 is, therefore, incompetent and prays that the same be set aside.