IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26058 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. KUNHIPULLIKKAL MOBILE TOWER NIRMANA VIRUDHA ACTION COMMITTEE REPRESENTED BY ITS CONVENOR SHOBANA T, AGED 46 YEARS,D/O.AMBU DAMAS HOUSE,KUNHIPULLIKKAL,PALLIKKARA P.O, NILESWARAM, KASARGOD DISTRICT. 2. N.V.BALACHANDRAN,AGED 61 YEARS, S/O.C.V.RAMAN MASTER (LATE) KUNHIPULLIKKAL,PALLIKKARA P.O,NILESWARAM, KASARGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. TOWER VISION INDIA PVT.LTD,IST FLOOR, MUSCAT TOWERS,S.A ROAD,KADAVANTHARA,KOCHIN 682 020. REPRESENTED BY ITS MANAGER, C.V.SANTHOSH KUMAR,S/O.CHAKRAPANI,CIRCLE ROAD, KERALA CIRCLE. 2. NILESWARAM MUNICIPALITY REPRESENTED BY ITS SECRETARY,NILESWARAM,KASARAGOD DISTRICT PIN 671 120. 3. DISTRICT COLLECTOR,KASARAGOD, PIN 671 121. 4. CIRCLE INSPECTOR OF POLICE, NILESWARAM,KASARGOD DISTRICT PIN 671 12O. R3 & R4 BY GOVT.PLEADER SRI.S.ABDUL SALAM. R2 BY ADVS. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26058 of 2011(F) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF APPLICATION SUBMITTED BY THE IST RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P1(a). TRUE COPY OF BUILDING PLAN OF A TECOMMUNICATION TOWER. EXHIBIT P2. TRUE COPY OF PERMIT DATED 4.5.2011 TO CONSTRUCT TOWER. EXHIBIT P3. TRUE COPY OF SHOW CASUE NOTICE DATED 14.07.2011 ISSUED BY THE 2ND RESPONDENT TO IST RESPONDENT. EXHIBIT P4. TRUE COPY OF LETTER DATED 20.07.11 SUBMITTED BY THE 2ND RESPONDENT TO THE TAHSILDAR HOSDURG. EXHIBIT P5. TRUE COPY OF SITE PLAN ISSUED BY VILLAGE OFFICER. EXHIBIT P6. TRUE COPY OF MEMORANDUM DATED 22.09.2011 FORWARDED BY 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 26058 of 2011 --------------------------------------- Dated this the 11th day of October 2011. JUDGMENT The writ petition is filed to declare that first respondent obtained Ext.P2 permit from the 2nd respondent by suppressing the material facts and for a direction directing the 3rd respondent to take action against first respondent for encroaching government land and other incidental reliefs. 2. When the matter was taken up for consideration today, it is submitted at the Bar that Ext.P2 permit was set aside by the Tribunal for Local Self Government Institutions, Thiruvananthapuram and issued directions to the Municipality to permit the petitioner to submit a fresh application for building permit. 3. In the light of the disposal of the matter as aforesaid, no further directions are necessary in the writ petition. Accordingly, the writ petition is closed. HARUN-UL-RASHID JUDGE al