IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 30228 of 2010(C) -------------------------- PETITIONER: --------------- S.U.SQUARE PROJECTS AND INFRASTRUCTURE PVT.LTD., 19/2026, G1, VTH FLOOR, INDUS AVENUE BUILDINGS KALLAI ROAD, KOZHIKODE REPRESENTED BY ITS SUDHEER.K., MANAGING DIRECTOR, RESIDING AT REVATHY, A.P.C.ROAD, MALAPARAMBA, KOZHIKODE. BY ADV. SRI.S.M.ALTHAF SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, CHEEMENI POLICE STATION, CHEEMENI, KASARAGOD. 3. BALACHANDRAN K.V., UDAYAGIRI, KAYYOOR POST, CHERUVATHOOR VIA, KASARAGOD. 4. SHAJI.P.P, S/O.P.P.AMBADI, IRIYIL HOUSE, KAYYOOR POST, CHERUVATHOOR VIA, KASARAGOD. 5. RAJEEVAN, S/O.KUNHIRAMAN, IRIYIL HOUSE, KAYYOOR POST, CHERUVATHOOR VIA, KASARAGOD. GOVERNMENT PLEADER SMT.CHARISHMA ADV. SMT.T.SUDHAMANI FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.30228 of 2010 ***************************** Dated this the 1st day of February, 2011 JUDGMENT BASANT, J. No steps taken. The learned counsel for the petitioner submits that this petition may, in these circumstances, be dismissed. 2. Request is accepted. This petition is accordingly dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ 2 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.30228 of 2010 ***************************** 3 Dated this the 18th day of January, 2011 ORDER BASANT, J. All respondents have been served. Respondents 3 and 4 have filed objections. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that the real dispute is about the attempt for installation of certain further equipment in the tower, which has already been constructed, contrary to the permit granted by the Panchayat. We feel, in these circumstances, that the Panchayat must be made a party to this proceedings. The learned counsel for the petitioner prays for time. 2. Take all necessary steps in 3 days. Call on 21.01.2011. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ 4