IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34876 of 2010(H) --------------------------------------- PETITIONER: ------------------- SHYJU.N.K, S/O. BHASKARAN, SREE VIHAR, NAMBURIKANDIYIL, CHELAVOOR.P.O, KOZHIKODE - 673 571. BY ADV. SRI.G.BHAGAVAT SINGH. RESPONDENTS: ------------------------ 1. KOZHIKODE CORPORATION, KOZHIKODE, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOZHIKODE CORPORATION, KOZHIKODE- 673 001. 2. THE SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE - 673 001. 3. THE MANAGING DIRECTOR, M/S. INDUS TOWER LTD.,8TH FLOOR, VANKARATH TOWER, N.H. BY PASS, PALARIVATTOM, COCHIN -682 024. R1 & R2 BY ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34876 OF 2010 -------------------------- Dated this the 22nd day of November, 2010 J U D G M E N T The petitioner is a resident of Ward No.32 of Kozhikode Corporation. He along with other persons residing in the locality submitted Ext.P1 complaint before the District Collector, Kozhikode requesting him to take steps to stop the construction of a mobile tower by the third respondent. The District Collector in turn forwarded Ext.P1 complaint to the Secretary of Kozhikode Corporation. When no action was taken on the said complaint, the petitioner, who claims to be the General Convener of an action committee, submitted Ext.P2 representation dated 8.11.2010 before the Secretary of Kozhikode Corporation requesting him to cancel the building permit issued to the third respondent. This writ petition is filed contending that though the petitioner and other residents of the locality have objected to the grant of building permit and have requested the Secretary to cancel the building permit issued to the third respondent, till date, no action has been taken in the matter. This writ petition is filed seeking a direction to the respondents 1 and 2 to cancel the building permit issued to the third respondent. The petitioner also seeks a direction to the second respondent to issue a stop memo directing the third respondent to stop the construction of the mobile tower. 2. I heard Sri. Bhagavat Singh, learned counsel appearing for the WPC No.34876/2010 2 petitioner and Sri.K.D.Babu, the learned standing counsel appearing for respondents 1 and 2. The learned standing counsel submitted that the Secretary of Kozhikode Corporation will examine the grievance voiced by the petitioner in Ext.P2 representation and take an appropriate decision in the matter. He also submitted referring to rule 160 of the Kerala Municipality Building Rules, 1999 that the petitioner can challenge the order granting building permit to the third respondent in appeal before the Tribunal for Local Self Government Institutions. In such circumstances, I dispose of this writ petition with a direction to the Secretary of Kozhikode Corporation to examine Ext.P2 representation submitted by the action committee of which the petitioner is the General Convener and take an appropriate decision thereon after notice to and hearing the representative of the action committee and the third respondent expeditiously and in any event within one month from the date on which the petitioner produces or the second respondent receives a certified copy of this judgment. Until a decision is taken in the matter as directed above, the status quo as on today shall be maintained. P.N.RAVINDRAN, (JUDGE) vps WPC No.34876/2010 3 WPC No.34876/2010 4