IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25092 of 2011(J) -------------------------- PETITIONER(S): ------------------------ INDIA TELECOM INFRA LTD. NO.42/1327 (I) 2ND FLOOR, V.S.ARCADE, POWER HOUSE ROAD, OPP POWER HOUSE, KACHERIPADI, COCHIN- 682 018 , REPRESENTED BY ITS AUTHORIZED PERSON BOBY SEBASTIAN, CIRCLE HEAD. BY ADV. SRI.P.SATHISAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 2. STATION HOUSE OFFICER, THIRURANGADI POLICE STATION, MALAPPURAM. 3. E.P.ABDUL LATHEEF, S/O.LATE HYDROSE KALATHINGAL HOUSE, PARAKKADAVU,MOONNIYUR PO, MALAPPURAM DISTRICT 676 314. 4. LATHEEF @ KOYA, S/O.HYDRU, ULLATTIL VEEDU,PARAKKADAVU,MOONNIYUR PO, MALAPPURAM DISTRICT 676 314. 5. KALID, S/O.MUHAMMED KUTTY, ERANJIKKAL HOUSE,MOONNIYUR PO,PARAKKADAVU. MALAPPURAM DISTRICT 676 314. 6. MOONNIYUR GRAMA PANCHAYATH, REP BY ITS SECRETARY, MALAPPURAM 676 314. BY GOVT. PLEADER, SMT.C.M.CHARISHMA R6 BY ADV. R. RAMDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C).No. 25092 of 2011(J) APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE LICENSE ISSUED BY GOVT. OF INDIA TO M/S INDIA TELECOM INFRA LTD.DTD. 16/8/2007 (PREVIOUSLY KNOWN AS NK DIGITAL INFRASTRUCTURE SERVICES LTD) P1(a) COPY OF THE CERTIFICATE ISSUED BY GOVT. OF INDIA TO THE PETITIONER SHOWING THE CHANGE OF NAME DATED 19/6/2008 P2 COPY OF RELEVANT NOTIFICATION CONDERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS P3 COPY OF THE BUILDING PERMIT DTD.21/7/2011 P4 COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2nd RESPONDENT DATED 13-9-2011 P5 COPY OF THE ACKNOWLEDGMENT TO THE P4 COMPLAINT DATED 13-9-2011 RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE MM PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 25092 of 2011 ----------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner has approached this court seeking police protection for the construction and energisation of a base transciever station, a mobile tower. It is submitted by Mr. Ramadas, learned counsel for the Panchayat that against Ext.P3 permit a stop memo was issued by the Panchayat and against that stop memo the petitioner has filed Appeal No. 655 of 2011 before the Tribunal for Local Self Government Institutions. Mr. Ramadas also submitted that at the instance of the petitioner itself the above appeal has been adjourned to 7-10-2011. In view of the pendency of Appeal No. 655 of 2011 we will not be justified in granting relief to the petitioners. We close this writ petition giving WP(C). 25092/11. -2- liberty to the petitioner to approach this court again after Appeal No. 655 of 2011 is finally disposed of by the Tribunal. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-