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2023 Supreme(Ker) 289

VIJU ABRAHAM
Anish Thomas S/o Thomas M. A. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: C.S. Ajith Prakash, T.K. Devarajan, M.B. Soori, Nidhin Raj Vettikkadan, Haaris Moosa, Gouri Kailash, Babu M.
For the Respondents: Riyal Devassy, Dona Augustine, Sathisan P., Anil Kumar C.

JUDGMENT :

VIJU ABRAHAM, J.

1. The above writ petition is filed challenging Ext.P13 order passed by the 2nd respondent whereby permission was granted to the 7th respondent to install a mobile tower in Karumaloor Grama Panchayat.

2. Petitioners are residents of ward No. 3 of Karumaloor Panchayat. The 7th respondent for the purpose of erecting a mobile telecommunication tower in the property of the 8th respondent, submitted Ext.P2 application for building permit before the 6th respondent. Along with the permit application, the 7th respondent also submitted Ext.P3 stability certificate dated 03.09.2021. It is the case of the petitioners that the stability certificate does not mention the requirement of a mobile telecommunication tower foundation. Petitioners submit that the mobile tower is very adjacent to the residential house of the 1st petitioner and an Anganwadi centre. There is a vast height difference between the surface level of the properties of the 1st petitioner and that of the 8th respondent, wherein the mobile tower is proposed to be erected. The 7th respondent is making attempts to erect the mobile tower near to the edges (boundary) of the high-lying property of the 8th resp

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