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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


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

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 teleco

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