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2015 Supreme(Ker) 992

ANIL K.NARENDRAN
SECRETARY, MARADU MUNCIPALITY, MARADU, ERNAKULAM DISTRICT – Appellant
Versus
ATC TELECOM TOWER CORPORATION PVT. LTD. , (FORMERLY KNOWN AS M/S. ESSAR TELECOM INFRASTRUCTURE(P) LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.T.R. RAJAN
For the Respondent: SRI.SANTHOSH MATHEW, SRI. ARUN THOMAS

JUDGMENT

These Writ Petitions are filed by Maradu Municipality challenging the order passed by the Tribunal for Local Self Government Institutions (hereinafter referred to as 'the Tribunal') by which the respondent in these Writ Petitions were permitted to construct mobile telecommunication towers in residential zone, relying on sub-rule (2) of Rule 140A of the Kerala Municipality Building Rules, 1999 (hereinafter referred to as 'the Rules'), which provides that, telecommunication towers or pole structures or accessory rooms shall be permitted in any zone or over any building irrespective of its occupancy.

2. W.P.(C)No.22028 of 2013 is filed challenging Ext.P4 order dated 15.4.2013 of the Tribunal in Appeal No.1000 of 2012, an appeal filed by the respondent company challenging Ext.P1 order dated 6.11.2012 of the Secretary of Maradu Municipality. The respondent Company submitted an application dated 28.7.2012 before the Municipality for constructing a telecommunication tower in Survey No.353/1 of Maradu Village. The said application was rejected by Ext.P1 order dated 6.11.2012 of the Municipality for the reason that, as per the Structure Plan (General Town Planning Scheme) for Centra


































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