IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6069 of 2008(V) ------------------------- PETITIONER: ------------ M/S. IDEA MOBILE COMMUNICATIONS LTD. SECOND FLOOR, MERCY ESTATE, RAVIPURAM COCHIN-682 015 REPRESENTED BY ITS SENIOR MANAGER, SRI.RAMACHANDRAN. C. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------- 1. THE SECRETARY CHEMANCHERY GRAMA PANCHAYAT, CHEMANCHERY PO KOZHIKODE DISTRICT PIN: 673 304. 2. THE CHEMANCHERY GRAMA PANCHAYAT COMMITTEE, CHEMANCHERY PO, KOZHIKODE DISTRICT PIN: 673304 REPRESENTED BY ITS PRESIDENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6069 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th February, 2008 JUDGMENT The respondent in this Writ Petition filed by M/s.Idea Mobile Communications Ltd. who are aggrieved by Ext.P2 decision of the Panchayat rejecting the petitioner's application for licence for installation of a B.T.S. on the top of a building having door No.C.P.11/370, is the Chemancherry Grama Panchayat which was a party in the Division Bench judgment of this court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat (2006(4) KLT 695). I find merit in the submission of Mr.Santhosh Mathew, counsel for the petitioner that the 1st respondent-Panchayat on whom the judgment of this court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat (supra) was binding perforce, has not taken into account that judgment while passing Ext.P2. Under these circumstances, I quash Exts.P1 and P2 and direct the 1st respondent- Panchayat to take a fresh decision after hearing the petitioner and a representative of the complainants, if any, who have filed complaint before the Panchayat against the proposed commencement of the BTS by the petitioner. Decision as directed above will be taken by the Panchayat at the earliest and at any rate within three weeks of the W.P.C.No.6069/08 - 2 - petitioner producing a copy of this judgment and a copy of the Division Bench judgment of this court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat (supra). Needless to mention that the Panchayat shall have due regard to the Division Bench judgment of this court referred to above which is binding on the Panchayat while taking decision. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE