IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 13817 of 2009(V) ---------------------------------------- PETITIONER(S): -------------------------- M/S.T.D.I.INTERNATIONAL INDIA LIMITED, REPRESENTED BY ITS CHIEF STRATEGIST, B-4/62, SAFDARJUNG ENCLAVE, NEW DELHI-110 029. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, MR.T.C.SURESH MENON, MR.JIBU P THOMAS, MR.P.S.APPU, MR.A.R.NIMOD, MR.C.A.ANOOP. RESPONDENT(S): ---------------------------- 1. COCHIN INTERNATIONAL AIRPORT LIMITED, REPRESENTED BY ITS MANAGER (COMMERCIAL), KOCHI AIRPORT P.O., ERNAKULAM-683 111. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. NEDUMBASSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, KARIYAD, MECKAD P.O., ERNAKULAM-683 589. *ADDL.R4 TO R16 ARE IMPLEADED: R4. E.V.POULOSE, ERALIL HOUSE, ATHANI P.O., NEDUMBASSERY. R5. SARAMMA POULOSE, ERALIL HOUSE, ATHANI P.O., NEDUMBASSERY. Kss ..2/- ...2..... WPC.NO.13817/2009 V R6. M.K.THANKAPPAN, PARAYIL HOUSE, ATHANI P.O., NEDUMBASSERY. R7. SARADA THANKAPPAN, PARAYIL HOUSE, ATHANI P.O., NEDUMBASSERY. R8. K.M.MATHAI, KOTTENKERIL HOUSE, MECKAD P.O., AKAPARAMBU, NEDUMBASSERY. R9. THRESSIAMMA MATHAI, KOTTENKERIL HOUSE, MECKAD P.O., AKAPARAMBU, NEDUMBASSERY. R10. E.P.KUNJUMON, ERALIL HOUSE, ATHANI P.O., NEDUMBASSERY. R11. SHIJI.K., ERALIL HOUSE, ATHANI P.O., NEDUMBASSERY. R12. BASIL VARGHESE, S/O. VARKEY MATHAI, VAYALILPARAMBIL HOUSE, ATHANI P.O., NEDUMBASSERY. R13. SONY VARGHESE, VAYALILPARAMBIL HOUSE, ATHANI P.O., NEDUMBASSERY. R14. MARY VARGHESE, VAYALILPARAMBIL HOUSE, ATHANI P.O., NEDUMBASSERY. R15. SANY VARGHESE, VAYALILPARAMBIL HOUSE, ATHANI P.O., NEDUMBASSERY. R16. OMAMA VARGHESE, VAYALILPARAMBIL HOUSE, ATHANI P.O.,NEDUMBASSERY. (*ADDL.R4 TO R16 ARE IMPLEADED AS PER ORDER DTD. 25/06/2009 IN I.A.NO.6689/09) Kss ..3/- ...3..... WPC.NO.13817/2009 V **R17 IS IMPLEADED: R17. PREA ADVERTISING AND MARKETING, REPRESENTED BY ITS MANAGING PARTNER - P.V. JAYAKUMAR, 1ST FLOOR, SREELAKSHMI BUILDING, S.A. ROAD, ERNAKULAM. (**ADDL.R17 IS IMPLEADED AS PER ORDER DTD. 30/09/2009 IN I.A.NO.11569/09) R1 BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE, MR.S.SUJIN, SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LTD. R2 BY GOVERNMENT PLEADER R3 BY ADV.MR.GEORGE SEBASTIAN, MR.ANOOP ELIAS. ADDL.R4 TO R16 BY ADVS.MR.GEORGE JACOB (JOSE), SMT. MEREENA JOSEPH JOSEPH. ADDL.R17 BY ADVS.MR.V.V.ASOKAN, MR.MAHESH V.MENON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13817/2009 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TENDER DOCUMENT ISSUED BY CIAL DTD. NIL. P2: COPY OF THE PROVISIONAL ALLOTMENT OF TENDER ISSUED BY CIAL DTD. 7/10/2008. P3: COPY OF THE CERTIFICATE ISSUED BY CIAL DTD. 9/03/2009. P4: COPY OF THE APPLICATION PUT IN BY THE PETITIONER DTD. 9/03/2009. P5: COPY OF THE ORDER DTD. 16/03/2009. P6: COPY OF THE ORDER DTD. 16/03/2009. P7: COPY OF THE STOP MEMO ISSUED BY THE THIRD RESPONDENT DTD. 6/04/2009. P8: COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DTD. 6/05/2009. P9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DTD. 14/05/09. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE REPRESENTATION SUBMITTED BY THE KERALA ADVERTISEMENT INDUSTRIES ASSOCIATION DTD. 05/03/2009 BEFORE THE PANCHAYATH. R3(B): COPY OF THE REPRESENTATION SUBMITTED BY THE LANDOWNERS ASSOCIATION DTD. 25/02/2009. R3(C): COPY OF THE REPLY GIVEN TO THE KERALA ADVERTISEMENT INDUSTRIES ASSOCIATION DTD. 12/03/2009 ISSUED BY THE PANCHAYATH. R3(D): COPY OF THE REPLY GIVEN TO THE LANDOWNERS ASSOCIATION DTD. 12/03/2009 ISSUED BY PANCHAYATH. R3(E): COMPLAINT SUBMITTED BY SOME OF THE AFFECTED PARTIES DTD. 6/04/2009. R3(F): COPY OF THE COMPLAINT SUBMITTED BY PALETTE COMMUNICATION DTD. 30/04/2009. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.13817 OF 2009 ............................................ DATED THIS THE 30TH DAY OF SEPTEMBER, 2009 JUDGMENT The petitioner is an Advertiser. He was permitted to erect advertisement hoardings in land belonging to CIAL in between electric posts bearing Nos.83 and 84. Ext.P7 is a notice issued by the Grama Panchayat, requiring the erection work to be stopped. That did not state any reason for the interdiction issued thereby. Nonetheless Ext.P7 shows that it had earlier granted permission. Therefore, this court had issued notice on 19.5.2009 and thereafter on 23.5.2009, the operation of Ext.P7 was stayed permitting the petitioner to continue with the erection of the boards in question, subject to the result of this writ petition and also liability to pull them down subject to further orders. The dispute between the petitioner and the panchayat is essentially a disputed question of fact. Ext.P7 has necessarily to be followed with reasons being told to the petitioner as to grounds on which Ext.P7 is issued. The ground reality that the land belongs to CIAL has also to be looked into. But if this court were to decide this Wpc 13817/2009 2 issue as of now, it will be like putting the cart before the horse. Therefore, maintaining status quo obtained as per the interim order dated 23.5.2009 and clarifying that the said order relates only to hoardings in between electric posts as noticed above, it is ordered that the Grama Panchayat will issue to the petitioner any further specific grounds on which impugned Ext.P7 action is taken. The petitioner has necessarily to be heard before a final decision is taken. For this, petitioner will be given two weeks' time by the Grama Panchayat to give its explanation or reasons against the grounds that the panchayat have shown in support of Ext.P7. Leaving open all other issues on merits, this writ petition is ordered directing the petitioner to appear before the Secretary of the third respondent Grama Panchayat to be issued with specific grounds on which Ext.P7 is issued. It is clarified that the Grama Panchayat will take the views of CIAL also into account before issuing further orders. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/10