IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 155 of 2011(T) ------------------------ PETITIONER(S): --------------------- GTL INFRASTRUCTURE LTD., DOOR NO.40/9643, PRABHU TOWER, 1ST FLOOR, OPP. CHENNAI SILKS, M.G.ROAD, NORTH ERNAKULAM, KOCHI-682 035, REPRESENTED BY ITS SENIOR EXECUTIVE (LEGAL), MR.JINO ANTONY. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOZHIKODE RURAL, KOZHIKODE DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE DISTRICT. 4. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE DISTRICT. WP(C).No. 155 of 2011 5. MUHAMMED KOYA C.K., MAMALIKANDI HOUSE, SCHOOL ROAD, KAPPAD P.O., CHEMANCHERY, KOZHIKODE DISTRICT. 6. KUNJAYIN A.K., KAPPOLI HOUSE, KAPPAD P.O., CHEMANCHERY, KOZHIKODE DISTRICT. 7. ABOOBACKER A.T., ARAVITHAZHATHU HOUSE, KAPPAD P.O., CHEMANCHERY, KOZHIKODE DISTRICT. 8. SHOWKATH, S/O. KUNJAYIN, KAPPOLI HOUSE, KAPPAD P.O., CHEMANCHERY, KOZHIKODE DISTRICT. 9. CHEMANCHERY GRAMA PANCHAYATH, KAPPAD P.O., CHEMANCHERY, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.T.G.RAJENDRAN FOR R5 TO R8 SRI.SAJITH KUMAR V. FOR R9\ GOVERNMENT PLEADER SMT.CHARISMA FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 155 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE RECEIPT ISSUED BY THE PANCHAYAT DATED 18.8.2010 FOR PAYMENT OF APPLICATION FEE OF BUILDING PERMIT. EXT.P2:- COPY OF THE LETTER DATED 08.10.2010 SENT BY THE PETITIONER TO THE 9TH RESPONDENT EXT.P3:- COPY OF THE CHEQUE DATED 08.10.2010 SENT TO THE 9TH RESPONDENT EXT.P4:- COPY OF THE CIRCULAR NO.2750/RD2/09/LSGD DATED 13.3.2009 ISSUED BY THE GOVERNMENT EXT.P5:- COPY OF THE JUDGMENT DATED 04.07.2008 IN W.P(C)NO.15605/2008 EXT.P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD REPSONDENT AND RECEIPT DATED 06.10.2010 EXT.P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE POLICE AUTHORITIES ON 12.10.2010 EXT.P8:- COPY OF THE DEMOLOTION ORDER ISSUED BY THE PANCHAYAT TO THE PEITTIONER DATED 11.10.2010 EXT.P9:- COPY OF THE INTERIM ORDER GRANTED TO THE PETITIONER BY THE TRIBUNAL DATED 27.10.2010 EXT.P10:- COPY OF THE FINAL ORDER IN APPEAL NO.944/10 DTD 8.12.2010 RESPONDENTS' EXHIBITS:- EXT.R9(a):- COPY OF THE ORDER IN WP(C)NO.1539/2011 DTD 17.01.2011 //TRUE COPY// P.A TO JUDGE dmb PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- W.P.(C)No.155 OF 2011 --------------------------------------------- Dated this the 15th day of July, 2011 JUDGMENT PIUS C. KURIAKOSE ,J. It is submitted before us by Sri.Santhosh Mathew, the learned counsel for the petitioner very fairly that Ext.R9(a) is a stay order which is not vacated so far and the petitioner may not be able to proceed with the construction of the mobile tower. In these circumstances, we close this writ petition giving liberty to the petitioner to move again once, Ext.R9(a) order is vacated. PIUS C. KURIAKOSE JUDGE. C.K.ABDUL REHIM JUDGE dmb