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2022 Supreme(Ker) 57

SHAJI P.CHALY
Reliance Jio Infocomm Ltd. – Appellant
Versus
Municipal Corporation of Thrissur – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. M. Gopikrishnan Nambiar, Sri. P. Benny Thomas, Sri. P. Gopinath, Sri. K. John Mathai, Sri. Joson Manavalan, Sri. Kuryan Thomas, Dr. Thushara James.
For the Respondents: Sri. V.N. Haridas, Sri. Santhosh P. Poduval, Sri. K.P. Vijayan.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ petition is filed by the petitioner seeking the following relief:

    (i) to call for the records leading to Exhibit P1 and quash Exhibit P1 by issuance of a writ of certiorari or other appropriate writ, order or direction.

2. Petitioner is a telecommunication infrastructure company functioning after securing necessary licenses and clearances from the appropriate statutory authorities. Admittedly, the construction of a telecommunication tower was carried out by the petitioner in a residential area. The case projected by the petitioner is that Ext.P1 circular dated 19.2.2016 is issued by the Secretary of the Thrissur Municipal Corporation stating that no construction can be carried out within 50 square meters from any residential building without securing consent from the residents.

3. In my considered opinion, the construction of a telecom tower is taken care of under Rule 130 and the consequential rules of Chapter XIX of the Kerala Municipality Building Rules, 1999, which is now replaced by Rule 83 and the consequential rules of Chapter XVIII of the Kerala Municipality Building Rules, 2019 and the distance and other aspects are regulated and guide

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