IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 32718 of 2007(T) -------------------------- 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 SRI.SATHISH NINAN RESPONDENTS: ------------- 1. THE PATTANAKAD GRAMA PANCHAYAT, PATTANAKKAD, ALAPPUZHA DISTRICT REPRESENTED BY ITS SECRETARY.PIN-688 531. 2. THE PATTANAKAD GRAMA PANCHAYAT COMMITTEE PATTANAKKAD, ALAPPUZHA DISTRICT REPRESENTED BY ITS PRESIDENT. PIN-688 531. 3. SHRI.BABU VASAVAN, VENDIYATHUM VEEDU, ANDHAKARANAZHY P.O., CHERTHALA, ALAPPUZHA DIST. PIN-688 531. 4. SHRI.SATHEESHAN PAVITHRAN, MAVELITHYIL, ANDHAKARANAZHY P.O., CHERTHALA, ALAPPUZHA DIST. PIN-688 531. FOR R3 AND R4 ADV. SRI.P.K.IBRAHIM FOR R1 SRI.J.OM PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.32718 of 2007 ( ) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 15th day of January, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P3 order passed by the Panchayat informing the petitioner that the Panchayat has decided to cancel the permit given to the petitioner for constructing a mobile tower. On reading Ext.P3 it is seen that the prominent reason on which Committee has cancelled the permit of the petitioner is possible health hazards to the public and that decision has been taken on the basis of a mass petition submitted, to which 125 persons are signatories. 2. The learned counsel for the additional respondents 3 and 4 submits that Ext.P3 can be justified on other valid reasons also. According to him, even the application for licence submitted by the petitioner was not valid. 3. Whatever that be, it is seen from Ext.P3 that the principles laid down by a Division Bench of this Court in Reliance W.P.(C).No.32718 of 2007(T ) -: 2 :- Infocom Ltd. v.Chemanchery Grama Panchayat [2006 (4) KLT 695] has not been taken into account while issuing Ext.P3 notice. Therefore, I quash Ext.P3 notice and direct the Panchayat to take a fresh decision on the issue. Fresh decision as directed above will be taken by the Panchayat only after hearing the petitioner and the party respondents. While taking decision as aforesaid, the Panchayat will have due regard to the judgment of this Court in Reliance Infocom Ltd(supra). It is open to the party respondents to point out during hearing that even otherwise the application submitted by the petitioner is liable to be rejected. PIUS C.KURIAKOSE, Judge ms