IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 11802 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------ M/S.DELTA TELECOM INDIA PVT. LTD., REGISTERED OFFICE AT 17 SHIPLIN CENTRE,40,G D AMBEDKAR MARG, WADALA WEST,MUMBAI-400 031,MAHARASHTRA,REPRERSENTED BY ITS MANAGING DIRECTOR MR.ANIL CHANDRAN,THROUGH HIS POWER OF ATTORNEY HOLDER MR.RINOY K.L.,S/O.LONA, PROJECT MANAGER,B-31, HOUSING BOARD COLONY, CHALAKKUDY,THRISSUR DISTRICT - 680 307. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): ---------------------------- 1. THE SUB INSPECTOR OF POLICE, VENGARA POLIE STATION, MALAPPURAM DISTRICT-676304. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM-676 505. 3. KANNAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KANNAMANGALAM GRAMA PANCHAYATH OFFICE, KANNAMANGALAM, MALAPPURAM DISTRICT, PIN-676 318. 4. AZIZ, S/O.MAMMADKUTTY, KANNEZHUTHU HOUSE, KILINAKKODE, VENGARA, MALAPPURAM DISTRICT-676 304. 5. HAMSA, S/O.ALAVI, UTHENMAVUNKAL HOUSE, KILINAKKODE, VENGARA, MALAPPURAM DISTRICT - PIN-676 304. R1 & R2 BY GOVERNMENT PLEADER R4 & R5 BY ADV. SRI.K.M.SATHYANATHA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11802/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DTD. 9/04/2010 BETWEEN M/S. DELTA TELECOM INDIA PVT.LTD. AND M/S. INDUS TOWERS. P2: COPY OF THE BUILDING PERMIT NO.253/09-10/241/10 DTD. 22/2/2010 ISSUED BY THE SECRETARY, KANNAMANGALAM GRAMA PANCHAYAT. P3: COPY OF THE COMPLAINT LODGED TO THE 2ND RESPONDENT DTD. 21/03/2011. P4: COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DTD.21/03/2011. P5: COPY OF THE ORDER PASSED IN I.A.NO.634/2011 IN APPEAL NO.412/2011 BY THE COURT OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANANTHAPURAM DTD. 16/06/2011. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.62/2011 OF VENGARA POLICE STATION. R4(B): COPY OF COMPLAINT DTD. 28/02/2011 SUBMITTED BY 15 RESIDENTS PEOPLE OF KILINAKKODE IN KANNAMANGALAM GRAMA PANCHAYAT TO THE DISTRICT COLLECTOR, MALAPPURAM. R4(C): COPY OF THE COMMUNICATION DTD. 22/03/2010 AND THE DECISION OF THE 3RD RESPONDENT ISSUED TO THE PETITIONER. R4(D): COPY OF ENQUIRY REPORT OF THE SECRETARY OF THE 3RD RESPONDENT PANCHAYAT. R4(E): COPY OF THE DECISION DTD. 16/04/2011 OF THE 3RD RESPONDENT PANCHAYAT. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 11802 of 2011 ----------------------------------------------- Dated this the 14th day of July, 2011 J U D G M E N T Pius C.Kuriakose, J. It is submitted that the issue regarding the legality of the permit is pending before the Tribunal for Local Self Government Institutions. We close this writ petition without examining the merits, giving liberty to the petitioner to move again once the proceedings before the Tribunal are finalised. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-