IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 36161 of 2007(E) -------------------------- PETITIONER: -------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P) LTD., 41/256, C-19, SECOND FLOOR, MATHER SQUARE, OPP.NORTH RAILWAY STATION, COCHIN-682 018, REPRESENTED BY EXECUTIVE (SITE ACQUISITIONS & ADMINISTRATION), MR.RAHUL DAS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------- 1. MALLAPPALLY GRAMA PANCHAYAT (SPL.GRADE), MALLAPPALLY WEST P.O., PIN-689 585, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY. 2. ANICADU GRAMA PANCHAYAT, NOOROMMAVU PO, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY. 3. SUB INSPECTOR OF POLICE, MALLAPPALLY. R1 BY ADV. SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR R2 BY ADV.SRI.M.J.THOMAS R3 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36161 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 7th February, 2008 JUDGMENT Counsel for the 2nd respondent seeks time. But in the nature of the issues that have arisen for determination in this case and the order which is being passed hereunder, it is not necessary that time is given to the 2nd respondent, since the issue is essentially between the 1st respondent and the petitioner. After filing of the Writ Petition, the petitioner submitted Ext.R1(a) application for regularisation of the construction which the petitioner now concedes at least to a certain extent is made within the area of the 1st respondent-Panchayat. On considering Ext.R1(a), the first respondent issued Ext.R1(c) pointing out several defects in Ext.R1(a) application. Learned counsel for the petitioner submits that the petitioner will be able to cure all the defects and seeks permission to cure those defects. Having considered the submissions addressed at the Bar, I am of the view that the first respondent should permit the petitioner to cure the various defects mentioned in Ext.R1(c). Accordingly, I dispose of the Writ Petition directing the first respondent to grant at least two weeks time to the petitioner for curing the defects indicated in Ext.R1(c) and thereafter hear the petitioner and take a final decision on Ext.R1(a) W.P.C.No.36161/07 - 2 - application for regularisation. Orders as directed above shall be passed by the 1st respondent within three weeks of the petitioner curing defects to the satisfaction of the first respondent. Till such time as orders are passed on Ext.R1(a), the interim order passed by this court on 6.12.2007 will continue. srd PIUS C.KURIAKOSE, JUDGE