IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29747 of 2008(N) -------------------------- PETITIONER(S): --------------- M/S. ESSAR TELECOM INFRASTRUCTURE CO.(P) 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE SHENOY ROAD, COCHIN 682 017, REPRESENTED BY ASSISTANT MANAGER (LEGAL & SITE ACQUISITION)MR. BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT(S): --------------- 1. KOTHAMANGALAM MUNCIPALITY, MUNCIPAL OFFICE, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN 686 691, REPRESENTED BY ITS SECRETARY. 2. THE CIRCLE INSPECTOR OF POLICE CIRCLE OFFICE, KOTHAMANGALAM. 3. THE SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. 4. MR. ELIYAS P.M., PANICKARUKUDIYIL, KOTHAMANGALAM P.O. ERNAKULAM DISTRICT. 5. MR. ELDHOSE, P.D.PUTHANVEETTIL, KOTHAMANGALAM P.O. ERNAKULAM DISTRICT. SRI.K.V.MANOJ KUMAR, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.29747 of 2008 ================== Dated this the 7th day of October, 2008 J U D G M E N T The petitioner is aggrieved by Ext.P4 stop memo issued by the 1st respondent Municipality, whereby the petitioner has been interdicted from continuing construction of a telecommunication tower which was being constructed in accordance with Ext.P1 building permit, issued by the Municipality, pursuant to complaints registered by the people of the locality where the construction is being carried out. The petitioner's contention is that in view of the decision of this Court in Reliance Infocomm v. Chemancherry Grama Panchayat [2006 (4) KLT 695], the action of the Municipality is unsustainable. 2. I have heard the learned counsel for the petitioner. 3. I am not inclined to consider the matter on merits at this stage, since Ext.P4 is only a stop memo. But after having issued a stop memo, the Municipality has a duty to pass final orders in the matter expeditiously. Accordingly, this writ petition is disposed of with a direction to the 1st respondent Municipality to pass final orders pursuant to Ext.P4, after hearing all parties 2 concerned, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. In the meanwhile the petitioner shall be permitted to continue construction as per Ext.P1 subject to final orders to be passed as directed above. However, the tower shall not be energised till final orders are passed pursuant to Ext.P4. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge