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. 11572 of 2008(C) ------------------------------------- PETITIONER(S): ------------------------ M/S. ESSAR TELECOM INFRASTRUCTURE(P)LTD. 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE SHENOY ROAD, COCHIN-682 017, REPRESENTED BY ASSISTANT MANAGER (SITE ACQUISITIONS & ADMINISTRATION) MR.RAHUL DAS BY ADVS.MR.SANTHOSH MATHEW MR.SATHISH NINAN RESPONDENT(S): -------------------------- 1. KEEZHARIYOOR GRAMA PANCHAYAT KEEZHARIYOOR P.O., PIN-673 324 KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY 2. THE KEEZHARIYOOR GRAMA PANACHAYAT COMMITTEE, KEEZHARIYOOR P.O. REPRESENTED BY ITS PRESIDENT 3. THE CIRCLE INSPECTOR OF POLICE KOYILANDY, KOZHIKODE DISTRICT. 4. THE SUB INSPECTOR OF POLICE KOYILANDY POLICE STATION, KOYILANDY KOZHIKODE DISTRICT. R1 & R2 BY ADV. SMT.P.VIJAYAMMA, MR.DEVIDAS.U.K. R3 7 R4 BY GOVT. PLEADER MR.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.11572 OF 2008 -------------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner challenges Exts.P5 and P6 decisions of the Grama Panchayat, whereby the Local Self Government Institutions acting on objections of the nearby residents have ordered revocation of a building permit to construct a Mobile Telecommunication Tower. The undisputed version of the petitioner is that various mobile phone operators have been granted permit to install Mobile Telecommunication Towers in the locality. Ext.P1 is issued by the Municipal Secretary in terms of the Kerala Municipality Building Rules, 1999. Leaving aside the question whether the Panchayat Committee could set aside that decision, it needs to be stated that no ground referable to the Kerala Municipality Building Rules is relied on in the impugned decisions. Therefore, the impugned decision does not stand. Not only that, applying the ratio of the decision of the Division Bench of this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4)KLT 695], no W.P.(C) No.11572/2008 2 sustainable ground is made out in support of the impugned decision. In the result, the Writ Petition is allowed quashing Exts.P5 and P6. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps