IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 15643 of 2007(K) ----------------------------------------- PETITIONER(S): ------------------------ TATA TELE SERVICES LIMITED, S.L.PLAZA, PALARIVATTOM, COCHIN-682 025, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR.BOBBY JOSEPH. BY MR.A.M.SHAFFIQUE, SENIOR ADVOCATE BY ADV. MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR NAMBIAR MR.ANIL D. NAIR RESPONDENT(S): ------------------------- 1. VAKATHANAM GRAMA PANCHAYATH (SPECIAL GRADE), VAKATHANAM P.O., KOTTAYAM DISTRICT, PIN-686 538. 2. THE SECRETARY, VAKATHANAM GRAMA PANCHAYATH, VAKATHANAM P.O., KOTTAYAM DISTRICT, PIN-686 538. 3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.M.P.MADHAVANKUTTY R3 BY ADV. MR.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15643/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAN SUBMITTED ALONG WITH THE APPLICATION AS CERTIFIED BY THE LICENSED DESIGNER. P2:- COPY OF THE LETTER COMMUNICATION THE DECISION OF THE PANCHAYAT COMMITTEE DTD. 12.4.07. P3:- COPY OF THE INTERIM ORDER DTD. 17.10.06 PASSED BY THIS HONOURABLE COURT IN WPC. 27334/06. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE CIRCULAR ISSUED BY THE STATE GOVERNMENT OF KERALA DTD. 20.6.07 VIDE NUMBER 2416/R.A. 1/07/LOCAL SELF GOVERNMENT. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.15643 OF 2007 -------------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner challenges Ext.P2 contending the decision of the Panchayat Committee to refuse permission to construct a Mobile Telecommunication Tower. Even at the stage of the admission, this Court noticed the judgment in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4) KLT 695] and had thereafter, granted an interim order on 9.8.2007. I find that the ground stated by the Panchayat for rejecting the application is not one referable to Chapter 19 of the Kerala Municipality Building Rules, 1999 or any other enabling provisions. 2. In the light of the aforementioned decision and the provisions of the Kerala Municipality Building Rules, the impugned order has to go. The same is accordingly quashed and the Writ Petition is allowed directing that the Panchayat will issue the permit, if the application is otherwise in order. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps