IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 29022 of 2011(C) ---------------------- PETITIONER(S): ------------------------ 1. M/S BHARATHI CELLULAR LTD. PRESENTLY KNOWN AS BHARATI INFRATEL LTD. DULY AUTHORISED HEAD (LEGAL), PREMAKRISHNAN NAIR M.N, 8TH FLOOR, VANKARATH TOWERS, NH BYPASS, PADIVATTOM, KOCHI-24. 2. INDUS TOWERS LTD (INFRASTRUCTURE SERVICE PROVIDER OF BHARTI AIRTEL LIMITED, IDEA CELLULAR LTD AND VODAFONE ESSAR CELLULAR LIMITED (FORMERLY KNOWN AS HUTCHISON ESSAR CELLULAR LTD.) 8TH FLOOR, VANKARATH TOWERS, NH BYPASS, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS DEPUTY GENERAL MANAGER PREMAKRISHNAN NAIR M.N. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------- 1. KOLLAM CORPORATION REP. BY ITS SECRETARY, KOLLAM-690 001. 2. DEPUTY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI. M.K. CHANDRAMOHAN DAS, SC R2 & R3 BY GOVT. PLEADER SRI. MUHAMMED SHAFI M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29022 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. EXT.P2: TRUE COPY OF THE BUILDING PERMIT DTD.5/2/2005 EXT.P3: TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY KOLLAM CORPORATION DTD.17/7/2007. EXT.P4: TRUE COPY OF THE NOTIFICATION DTD.21.8.2010 ISSUED BY GOVT.OF KERALA. EXT.P5: TRUE COPY OF THE APPLICATION FOR REGULARISATION BEFORE THE IST RESPONDENT. EXT.P6: TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WP(C).9555/2011 DTD. 11.4.2011. EXT.P7: TRUE COPY OF THE ORDER ISSUED BY 2ND RESPONDENT DTD.22.9.2011. EXT.P8: TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT. EXT:P9: TRUE COPY OF THE STAY PETITIONER FILED BEFORE THE 3RD RESPONDENT. EXT.P10: TRUE COPY OF THE DEMOLITION NOTICE ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 29022 of 2011 --------------------------------------- Dated this the 31th day of October 2011. JUDGMENT The writ petition is filed seeking a direction directing the 3rd respondent to dispose of Exts.P8 & P9 within a time fixed by this Court and for other incidental reliefs. 2. 1st Petitioner is a mobile telecommunication service provider. Ext.P2 is the copy of the building permit issued to the 1st petitioner for the construction of mobile telecommunication tower at Parvathyar Junction within the limits of Kollam Corporation. Pursuant to Ext.P2 building permit it is submitted that petitioners completed construction of the mobile tower in 2005. It is also submitted that the construction of the tower was in strict compliance of building permit and approved plan. It is however stated that the set back of the tower from the road had been more than 3 meters and subsequently the road was widened and as a result, there is a shortage of 60 cms. Subsequently, the Corporation forwarded Ext.P5 application submitted by the 1st petitioner for regularising the construction. Ext.P7 is the order W.P.(C) No. 29022/2011 2 passed by the Deputy Secretary, Local Self Government, Department, Secretariat, Thiruvananthapuram. It is stated that Kollam Corporation delayed the forwarding of the application and that after repeated reminders, the application with some of the records alone was forwarded to the 2nd respondent and therefore, it is stated that on the basis of the incomplete records the 2nd respondent rejected the application. Ext.P7 is the copy of the order passed by the Deputy Secretary, Local Self Government Department. Challenging Ext.P7 order, the petitioners preferred review petition before the Government and the copy of the review petition and application for stay are marked as Exts.P8 & P9. 3. Learned counsel for the petitioners submit that Exts.P8 & P9 are pending consideration before the Government. Ext.P4 is the copy of the notification dated 21.8.2010 regarding the Kerala Building (Regularisation of Unauthorised Construction and Land Development) Rules 1999. The review petition was submitted as per Rule 7 of the aforementioned Rules. It is pointed out by the petitioners that the delay in disposal of Exts.P8 & P9 is causing severe hardship to the petitioners since the Municipality had issued Ext.P10 order directing demolition of the construction W.P.(C) No. 29022/2011 3 and removal of the same within 24 hours. 4. In the above said facts and circumstances, learned counsel for the petitioners request to issue a direction directing the Government to consider and pass orders on Ext.P9 stay petition urgently. 5. In view of the limited prayer sought for in the writ petition this Court is of the view that this writ petition can be disposed of at the admission stage without issuing notice to the respondents In the facts and circumstances, the writ petition is disposed of with a direction to the 3rd respondent to consider and pass appropriate orders on Ext.P9 petition for interim stay, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners. All further proceedings pursuant to Ext.P10 shall be kept in abeyance till the disposal of Ext.P9. HARUN-UL-RASHID JUDGE al