IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 31192 of 2007(L) -------------------------- 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 THIRUVAMBADY GRAMA PANCHAYAT, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 3. THE VILLAGE OFFICER, THIRUVAMBADY VILLAGE, KOZHIKODE DISTRICT. ADDL. 4. A.M.SAIDALAVI, S/O.MAMI HAJI, ANADIYIL HOUSE, THIRUVAMBADI P.O., KOZHIKODE DISTRICT. (IMPLEADED VIDE ORDER DT.07.11.07 ON IA 14721 OF 2007) R1 BY ADV. SRI.K.A.SALIL NARAYANAN ADDL R4 BY ADV. SRI.R.RAMADAS R2& R3 BY SRI.K.J.MOHAMMED ANZAR, SR. GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, ALONG WITH WPC 36243 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 31192 OF 2007 and W.P.(C) No. 36243 OF 2007 ----------------------------------- Dated this the 3rd day of January, 2008 JUDGMENT Since the issue involved in these cases is the same, these writ petitions are being disposed of simultaneously. 2. Heard Sri.T.G.Rajendran, Sri.Santhosh Mathew, Sri.R.Ramdas and the Government Pleader. The Panchayat is directed to submit a report called for by the Revenue Divisional Officer, Kozhikode at the earliest and at any rate within 10 days of receiving copy of this judgment. Once the RDO receives the above report, he will issue hearing notice to the petitioners in both the writ petitions, hear them and also M/s.IDEA Mobile Communications Ltd., the 1st respondent in WPC 36243 of 2007. Hearing notice will be issued also to one of the signatories in Ext.P3 produced along with WPC 36243 of 2007. It is needless to mention that hearing notice will be issued to the Panchayat. RDO will conduct such further enquiry on Ext.P3 (in WPC 36243 of 2007) as he deems fit. Hearing will be conducted thereafter and final orders will be passed on the basis of the enquiry and hearing at the earliest and at any rate within two months of receiving copy of a report from the 2nd respondent WPC Nos. 31192 & 36243 OF 2007 2 Panchayat. Energisation of the tower has been permitted as per the interim order dt.20.11.07 passed in IA No.15209 of 2005 in WPC 31192 of 2007. It is made clear that the very construction of the tower and its energisation will be subject to the final order to be passed by the RDO. While deciding the matter, the grounds raised by all the parties including the ground that the proceedings before the District Magistrate are not maintainable will also be considered by the RDO. Due regard shall be had by the RDO to the judgment of this Court in Reliance Infocom Ltd. v.Chemanchery Grama Panchayat [2006 (4) KLT 695] and any other binding judicial precedent cited during the hearing by any of the parties. Hearing notice will be issued to the additional 4th respondent in WPC 31192 of 2007. PIUS C. KURIAKOSE, JUDGE btt WPC Nos. 31192 & 36243 OF 2007 3