IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 34467 of 2010(G) -------------------------------------- PETITIONER(S): ----------------------- PRAKASH, S/O.VIDYADHARAN, AGED 43 YEARS, THODIYIL HOUSE, CHIRAKKARA, MEENAD VILLAGE, KOLLAM TALUK. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): -------------------------- 1. CHIRAKKARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KOLLAM DISTRICT-691 001. 2. THE SECRETARY, CHIRAKKARA GRAMA PANCHAYATH, KOLLAM DISTRICT-691 001. 3. INDUS TOWERS LIMITED, 8TH FLOOR, VANKARATH TOWERS, BY-PASS ROAD, PADIVATTOM, KOCHI-24. 4. MR.ASOKAN, "VINU BHAVAN", MEENAD, CHIRAKKARA, KOLLAM DISTRICT-691 001. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34467 OF 2010 -------------------------- Dated this the 16th day of November, 2010 J U D G M E N T Aggrieved by the building permit issued by the second respondent to the third respondent to put up a telecommunication tower in the property of the fourth respondent, the petitioner has filed Ext.P4 representation dated 30.10.2010 before the Secretary of Chirakkara Grama Panchayat. In this writ petition, the petitioner inter alia seeks a direction to the second respondent to consider Ext.P4 representation and take an appropriate decision thereon. 2. The question whether the relief prayed for by the petitioner in Ext.P4 representation can be granted or not is a matter for the second respondent to decide in the first instance after affording the petitioner and the fourth respondent an opportunity of being heard. Ext.P3 building permit was issued on 30.9.2010. Ext.P4 representation was submitted on 30.10.2010. From Ext.P2 series of photographs, it is evident that the construction of the tower has not yet commenced. In such circumstances, I dispose of this writ petition with a direction to the second respondent to consider Ext.P4 representation and take an appropriate decision thereon WPC No.34467/2010 2 expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the second respondent. Needless to say, the second respondent shall afford the petitioner and the fourth respondent a reasonable opportunity of being heard before taking a decision in the matter. It is made clear that I have not expressed any opinion as regards the merits of the petitioner's contentions and that it is for the second respondent to arrive at an independent decision having regard to the materials on record. P.N.RAVINDRAN, (JUDGE) vps WPC No.34467/2010 3 WPC No.34467/2010 4