IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 9113 of 2011(L) ------------------------- PETITIONER(S): --------------- THE BHARATH SANCHAR NIGAM LTD, REP.BY THE DIVISIONAL ENGINEER, BHARATH SANCHAR NIGAM LIMITED, OFFICE OF THE DIVISIONAL ENGINEER, MOOVATTUPUZHA. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD.P.O., ERNAKULAM-682 035. 2. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KAKKANAD.P.O., ERNAKULAM-682035. 3. P.NEELAKANDAN NAIR, S/O.NEELAKANDAN PILLAI, AGED 71 YEARS, KIPPANASSERY, RAMAMANGALAM, MARADI VILLAGE, MOOVATTUPUZHA-686 661. 4. ARUN, S/O.NEELAKANDAN NAIR, AGED 37 YEARS, KIPPANASSERY, RAMAMANGALAM, MARADI VILLAGE, MOOVATTUPUZHA-686 661. 5. ANEESH, S/O.NEELAKANDAN NAIR, KIPPANASSERY, RAMAMANGALAM, MARADI VILLAGE, MOOVATTUPUZHA-686 661. 6. JOSE THOTTATHIL, S/O.KURIAKOSE, AGED 58 YEARS, PROVINCIAL, CARMEL PROVINCIAL HOUSE MOOVATTUPUZHA-686 661. 7. P.N.SIVASANKARAN NAIR, S/O.NARAYANAN NAIR, AGED 70 YEARS, PAYYANAVEETTIL HOUSE, RANDAR KARA, RANDAR POST, MOOVATTUPUZHA-686 661. SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.9113 OF 2011 -------------------------------- Dated this the 23rd day of March 2011 JUDGMENT The grievance of the petitioner is only to direct the 2nd respondent to conduct a hearing before passing any order on Ext.P3 petition preferred for maintaining the mobile tower already constructed. 2. Heard the learned Govt. Pleader as well. 3. The learned counsel for the petitioner submits that the hearing had already been completed by the predecessor in office of the 2nd respondent and that, in view of the vital particulars to be pointed out, it is necessary that the present officer is also to be appraised in this regard, for which an opportunity is sought for. 4. After hearing both the sides, this Court finds that no prejudice, whatsoever, will be caused to anybody if the prayer of the petitioner to have a hearing before passing orders in Ext.P3 is granted. 5. In the said circumstances, this Court does not find it necessary to issue any notice to the respondents 3 to 7 in this Writ Petition. The Writ Petition is disposed of, directing the 2nd respondent to give an opportunity of hearing to the petitioner as well as the others concerned and pass appropriate orders in Ext.P3 in accordance with law, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. W.P.(C) No.9113/2011 - 2 - 6. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 2nd respondent for taking further steps. P.R.RAMACHANDRA MENON JUDGE vdv