IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 32782 of 2007(C) --------------------------------------- PETITIONER: ------------------- M/S. IDEA MOBILE COMMUNICATIONS LTD., SECOND FLOOR, MERCY ESTATE, RAVIPURAM, COCHIN-682 015, REPRESENTED BY ITS SENIOR MANAGER, SRI.RAMACHANDRAN .C. BY ADV. SRI.SANTHOSH MATHEW, ADV. SRI.SATHISH NINAN. RESPONDENTS: ----------------------- 1. DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, TALUK OFFICE, KOTHAMANGALAM. 3. THE VILLAGE OFFICER, ERAMALLOOR, ERNAKULAM DISTRICT. 4. NELLIKUZHY GRAMA PANCHAYAT, NELLIKUZHY P.O., ERNAKULAM DISTRICT-686691. GOVT. PLEADER SRI. MOHAMMED ANZAR FOR R1 TO R3, ADV. SRI.P.K.MUHAMMED FOR R.4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32782/2007-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PERMIT ISSUED TO THE PETITIONER BY NELLIKKUZHY GRAMA PANCHAYAT. EXT.P.2: COPY OF THE STOP MEMO ISSUED TO THE PETITIONER BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.32782 of 2007 ----------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT Petitioner approached this court aggrieved by Ext.P2 communication issued by the 2nd respondent wherein the petitioner has been asked to stop the functioning of a mobile tower. One of the contentions taken by the petitioner is that the same is passed without notice to the petitioner. It is further submitted that in view of the Bench decision of this court in Reliance Infocom Ltd. v. Chemmanchery Grama Panchayat, 2006 (4) KLT 695 the matter requires fresh consideration. There is no counter affidavit. Therefore, Ext.P2 is quashed without prejudice to the liberty to the second respondent to initiate fresh proceedings, if required, with notice to the petitioner. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.32782 of 2007 ----------------------------------- JUDGMENT 11th July, 2008