IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WA.No. 1267 of 2011 ---------------------------- AGAINST THE JUDGEMENT IN WPC.28570/2010 .................... APPELLANTS/PETITIONERS: --------------------------------------- 1. P.VASUDEVAN NAMBOODIRI, AGED 59 YEARS, S/O VASUDEVAN NAMBOODIRI, PARAKKOT ILLAM, P.O.NAYARKUZHI, VIA NIT, KOZHIKODE DISTRICT. 2. PRABHAKARAN.V., AGED 61 YEARS, S/O NARAYANAN NAIR, THAROL HOUSE, P.O.NAYARKUZHI, VIA NIT, KOZHIKODE DISTRICT. BY ADV. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. WIRELESS-TT INFO SERVICE LTD., CIRCLE OFFICE- J AND CO CHAMBERS, MANIMALA ROAD, EDAPALLI, CKOHI-24 REP. BY SUDEVAN.V.D., MANAGER, CRICLE OFFICE, J AND CO CHAMBERS, MANIMALA ROAD, EDAPALLI, CKOHI-24. 2. SREEDHARAN NAIR, AGED 56 YEARS, S/O SANKUNNI NAIR, 'SRUTHI', P.O.NAYARKUZHI, VIA NIT, KOZHIKODE DISTRICT. 3. CHATHAMANGALAM GRAMA PANCHAYAT, KOCHIKODE DISTRICT REP. BY SECRETARY. 4. SI OF POLICE, MAVOOR POLICE STATION, KOZHIKODE DISTRICT. BY SR. GOVT. PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WA 1267/2011 ANNEXURE A1 TRUE COPY OF THE FIRST RESPONDENT'S APPLICATION FOR BUILDING PERMIT DT. 3.3.10 ANNEXURE A2 TRUE COPY OF THE SITE PLAN SUBMITTED BNY THE FIRST RESPONDENT ALONG WITH ANNEXURE A1 ANNEXURE A3 TRUE COPY OF THE FIRST RESPONDENT'S REPLY TO THE STOP MEMO DT. 14.5.10 ANNEXURE A4 TRUE COPY OF THE SITE PLAN SUBMITTED BY THE FIRST RESPONDENT ALONG WITH ANNEXURE A3 REPLY /TRUE COPY/ J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1267 of 2011 ---------------------------------------------- Dated this the 24th day of August, 2011 JUDGMENT Ramachandra Menon,J Exhibit P1 permit issued to the first respondent for erecting a transceiver tower, was subsequently cancelled by the Panchayat as per Exhibit P3, based on the complaint preferred by the appellant. The first respondent took up the matter before the Tribunal constituted for Local Self Government Institutions and after considering the facts and figures and after calling for a report from the concerned local authority, the decision taken by the Panchayat was set aside and the permit was restored as per Exhibit P9 order holding that the case put forth by the appellant and by the Panchayat alleging misrepresentation in obtaining the permit was not correct. The order passed by the Tribunal was under challenge in the Writ Petition filed by the appellant. 2. After going through the records and after hearing the learned counsel on either side, the learned Single Judge observed that the finding rendered by the Tribunal was based on the facts/materials on record and that no interference was called for, WA.1267/11 2 in exercise of the discretionary jurisdiction vested with the Court under Article 226 of the Constitution of India. It was accordingly that the Writ Petition was dismissed negating the challenge raised against Exhibits P9 and P10. We find that there is no tenable ground for interference with the finding arrived at by the learned Single Judge. The appeal fails and is dismissed at the admission stage itself. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs