IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32267 of 2011(G) -------------------------- PETITIONER: --------------- VIOM NET WORKS LIMITED, REGISTERED OFFICE AT 5TH FLOOR, GOWRA TRINITY, CHIRAN FORT LANE, BEGUMPET, SECUNDERABAD 500 003 AND CIRCLE OFFICE AT J & CO CHAMBERS, MANIMALA ROAD,EDAPPALLY,COCHIN -24,THROUGH ITS AUTHORIZED SIGNATORY(DEPUTY MANAGER-LEGAL)MR.M.SANTHOSH KUMAR BY ADV. MR.A.MOHAMED MUSTAQUE MR.K.R.AVINASH (KUNNATH) RESPONDENTS: --------------- 1. AJI KUMAR.V,S/O.VSUDEVAN,TC NO.19/766, MUDAVANMUGAL,POOJAPURA PO,TRIVANDRUM 695 012. 2. VINOD.R, S/O.RAVINDRAN NAIR, TC NO.19/2138(1),MUDAVANMUGAL,POOJAPURA PO, TRIVANDRUM 695 012. 3. THE CORPORATIN OF TRIVANDRUM, REPRESENTED BY ITS SECRETARY, TRIVANDRUM 695 012. 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, MEDICAL COLLEGE PO, TRIVANDRUM 695 011. ADV.MR.P.K.MANOJ KUMAR, SC FOR R3 GOVERNMENT PLEADER MR.M.MUHAMMED SHAFI FOR R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32267 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: BUILDING PERMIT ISSIED BY R3 DTD. 11.10.2011 EXT.P2: PHOTOGRAPHS OF THE LIE AND NATURE OF THE TOWER. EXT.P3: PHOTOGRAPHS OF THE LIE AND NATURE OF THE TOWER. EXT.P4: PHOTOGRAPHS OF THE LIE AND NATURE OF THE TOWER. EXT.P5: PHOTOGRAPHS OF THE LIE AND NATURE OF THE TOWER. EXT.P6: APPEAL FILED BY RESPONDENTS 1 & 2 BEFORE R4. EXT.P7: INTERIM ORDER PASSED BY R4 IN I.A.NO.1435/2011 IN APPEAL NO.835/2011. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.32267 Of 2011 ---------------------- Dated this the 3rd day of December, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P7 order. Ext.P7 is an ex-parte interim order passed by the Tribunal for Local Self Government Institutions in I.A.No.1435/2011 in Appeal No.835/2011. 2. The petitioner obtained Ext.P1 building permit from the 3rd respondent on 11.10.2011. It is submitted that pursuant to Ext.P1 permit, the petitioner company completed the construction and the telecommunication tower is set up for operation. Photographs are produced to show the lie and nature of the tower. Respondents 1 & 2 who are the residents of the locality, where the tower was installed, filed appeal challenging Ext.P1 building permit before the 4th respondent Tribunal. The petitioner submits that the building permit is issued in accordance with Chapter 19 of Building Rules and there is no challenge against issuance of building permit alleging violation of Kerala Municipality Building Rules or Kerala Municipal Corporation Act. ::2:: W.P.(C).No.32267 Of 2011 It is submitted that Ext.P7 interim order was passed without giving the petitioner an opportunity of being heard and that the appeal is posted for hearing on 15.12.2011. It is also pointed out that the appellants did not canvass any grounds under the Building Rules which warrants setting aside or cancelling the permit. The petitioner further submits that tower was constructed by investing Rs.40 Lakhs and on account of the interim order, the petitioner is put to heavy financial loss. 3. Ext.P7 is only an ex-parte interim order of stay. It is for the petitioner to appear before the Tribunal and request the Tribunal to vacate the interim order passed. It is pointed out that the matter is posted to 15.12.2011. Since Ext.P7 order was passed ex-parte it is for the Tribunal to expedite the matter and pass appropriate orders in the petition for stay and appeal. 4. In view of the limited prayer sought for in the writ petition, this Court is of the view that the writ petition can be disposed of without issuing notice to the respondents. ::3:: W.P.(C).No.32267 Of 2011 The writ petition is disposed of at the admission stage itself directing the Tribunal to consider the request of the petitioner and dispose of I.A.No.1435/2011 in Appeal No.835/2011, as expeditiously as possible, at any rate, within a period of two weeks from today, preferably on or before 15.12.2011. HARUN-UL-RASHID, Judge. bkn/-