IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 13071 of 2008(F) -------------------------- PETITIONER: ------------ M/S. IDEA MOBILE COMMUNICATIONS LTD., SECOND FLOOR, MERCY ESTATE, RAVIPURAM, COCHIN 682 015 REPRESEENTED BY ITS SENIOR MANAGER, SRI.RAMACHANDRAN C. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------- 1. THE SECRETARY, THODIYOOR GRAMA PANCHAYAT, THODIYOOR PO KARUNAGAPPALLY, KOLLAM DISTRICT. 2. THE THODIYOOR GRAMA PANCHAYAT COMMITTEE, THODIYOOR PO KOLLAM DISTRICT REPRESENTED BY ITS PRESIDENT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-4-08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No.13071 OF 2002 ----------------------------------------------- Dated this the 11th day of April, 2008 J U D G M E N T Having regard to the averments in the writ petition and the submissions addressed by the learned counsel for the petitioner I am inclined to dispose of the writ petition at this stage by issuing the following direction. The petitioner will file objection to Ext.P2 within 10 days from today. If objection is filed within the above time limit, the Panchayat will hear the petitioner and a representative of the persons who have filed complaint against the tower which is being erected by the petitioner and pass orders. While passing orders the Panchayat will have due regard to the principles laid down by this court in Reliance Infocomm v. Chemancherry Grama Panchayat, 2006(4) KLT 695. Since it is seen from the photograph that construction has reached very advanced stage and since I am of the view that allowing the construction to remain in the uncompleted stage will cause more danger I permit the petitioner to complete the construction at the petitioner's risk and subject to the orders which may be passed by the Panchayat. Energisation of the tower should be taken up by the petitioner only after the panchayat passes orders. (PIUS C.KURIAKOSE, JUDGE) ksv/ WP(C)N0. -2-