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2026 Supreme(Online)(Ker) 4153

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
AHAMMED KUTTY – Appellant
Versus
THE DISTRICT COLLECTOR, MALAPPURAM – Respondent
WP(C) NO. 14571 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.ABDUL JAWAD K.
SRI.ABDUL MAJEED.N
SMT.A.GRANCY JOSE
SMT.AYSHA A.A.
For the Respondents: SHRI.K.I.ABDUL RASHEED, SC, MALAPPURAM MUNICIPALITY
SRI.ARUN THOMAS
SRI.MOHAMMED DHULQR SHAN

Environmental concerns can render land unsuitable for commercial construction, impacting regulatory permissions.

Headnote:The court examined the petitioner's request to prevent the construction of a telecommunication tower on sensitive land as prayed in WP

(C) NO. 14571 OF 2025. The petitioner sought various writs to declare the land unsuitable and prevent permissions for construction. The respondents reported abandoning the project. The court thus deemed the case infructuous, ending proceedings and denying other requests for writs.

Table of Content
1. petition challenges suitability for tower construction on sensitive land. (Para 1)
2. court rules the matter is moot as project dropped. (Para 2)

JUDGMENT

The writ petition is filed with the following prayers:-

“(i) Issue a writ of mandamus or any other appropriate writ or order or direction declaring that the land covered by Ext.P2 application being a sensitive zone and environmentally fragile land on the river shore, the same is not suitable for construction of the telecommunication tower.

(ii) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the respondents 1 and 2 not rely on Ext.P5 report of the Tahsildar, Eranad while taking a decision on the request of the 5th respondent for erecting telecommunication tower.

(iii) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the respondents 1 to 4 not to grant permission for erecting a mobile telecommunication tower on the Kadalundy River shore unless and until the feasibility of the same is studied by a competent authority/agency.

(iv) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the respondents 1 to 4 to reject the request of the 5th respondent for the reason that the land being fragile and environmentally sensitive is not suitable for the construction of a telecommunication tower.

(v) To dispense with production of the translation of documents in vernacular language;

And (vi) Issue any such other writ order or direction as this Hon’ble Court deem fit in the interest of justice.”

2. The learned counsel appearing for the 5th respondent submits that they had dropped the project for erecting a mobile telecommunication tower at the place in question. This is recorded.

Accordingly, nothing further remains to be considered in this writ petition, and the same is closed as infructuous.

Sd/-

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