IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 13543 of 2007(K) -------------------------- PETITIONER: ------------ BHARAT SANCHAR NIGAM LIMITED, A GOVERNMENT OF INDIA ENTERPRISE, REPRESENTED BY GENERAL MANAGER, CMTS, RTP BUILDINGS, LUKES LANE, THIRUVANANTHAPURAM 695 001. BY ADV. SRI.K.RAMAKUMAR, SC, BSNL SRI.T.RAMPRASAD UNNI RESPONDENTS: ------------- 1. THE SECRETARY, THRISSUR CORPORATION, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO LOCAL SELF GOVT. INSTITUTIONS (URBAN), SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO SRI.LELLULAL T.G.THUNDATHIL GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.13543 OF 2007 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE RECEIPT DTD. 10-01-2006 TOWARDS APPLICATION FEE FOR TOWER AT ROUND WEST, TSR EXT.P2 TRUE COPY OF THE RECEIPT DTD. 6-11-06 TOWARDS APPLICATION FEE FOR TOWER AT OLLUR EXT.P3 TRUE COPY OF THE RECEIPT DTD. 8-11-06 TOWARDS APPLICATION FEE FOR TOWER AT VIYYUR BRIDGE EXT.P4 TRUE COPY OF THE RECEIPT DTD. 9-11-06 TOWARDS APPLICATION FEE FOR TOWER AT PALLIMOOLA EXT.P5 TRUE COPY OF THE RECEIPT DTD. 15-11-06 TOWARDS PENALTY PAID FOR TOWER AT EAST FORT. EXT.P6 TRUE COPY OF THE RECEIPT DTD. 15-11-06 TOWARDS PENALTY PAID FOR TOWER AT WEST FORT. EXT.P7 TRUE COPY OF THE RECEIPT DTD. 16-11-06 TOWARDS APPLICATION FEE FOR TOWER AT KOORKANCHERY EXT.P8 TRUE COPY OF THE RECEIPT DTD. 21-11-06 TOWARDS APPLICATION FEE FOR TOWER AT ROUND EAST. EXT.P9 TRUE COPY OF THE LETTER DTD. 11-11-2002 OF KSEB FOR EFFECTING SERVICE CONNECTIONS TO TOWER SITES OF CELLULAR OPERATORS. EXT.P10 TRUE COPY OF THE NEWS PAPER REPORT DTD. 20-07-08 EXT.P11 TRUE COPY OF THE LETTER DTD. 3-8-06 OF THE PGM.BSNL THRISSUR ADDRESSED TO THE MAYOR, THRISSUR CORPORATION. EXT.P12 TRUE COPY OF THE LETTER DATED 23/8/06 OF AGM(L&B) THRISSUR ADDRESSED TO MAYOR, THRISSUR CORPORATION WITH ANNEXURE. /True Copy/ PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 13543 of 2007 ---------------------------------- Dated this the 9th day of January , 2008 JUDGMENT I do not propose to go into the merits of the matter. But it is clear from Exts.P1 to P8 that applications have been submitted by the petitioner for license for installing mobile tower within the area of the Corporation. According to the Corporation, the applications are not being considered since documents, which are contemplated as per Chapter 19 of the Kerala Municipality Building Rules, have not been produced. 2. The non production of the documents need not stand in the way of the Corporation considering the applications. If the applications are liable to be rejected on the reason of non production of necessary documents, it is open to the Corporation to do so. I dispose of the writ petition directing the Corporation to take up and consider all the applications submitted by the petitioner against the receipts Exts.P1 to P8, hear a representative of the petitioner and take a decision. Decision as directed above, shall be taken at the earliest and at any WPC No. 13543/2007 2 rate within one month of receiving a copy of this judgment. PIUS C. KURIAKOSE, JUDGE. dpk