IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5807 of 2009(U) --------------------------------- PETITIONER(S): --------------- DISHNET WIRELESS LTD.NO.9419/33/2365, R.R.ARCADE, GEETHANJALI BUS STOP, NH BYPASS, THAMMANAM P.O., VYTTILA, KOCHI-32 REPRESENTED BY ITS AUTHORISED SIGNATORY AND CIRCLE MANAGER LEGAL, V.K.SAJITH. BY ADV. MR.V.G.ARUN MR.T.R.HARIKUMAR RESPONDENT(S): -------------------- 1. THE KORATTY GRAMA PANCHAYAT, KORATTY P.O THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KORATTY GRAMA PACHAYAT, KORATTY P.O., THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.5807 OF 2009 ---------------------------------------- Dated this the 24th day of February, 2009 JUDGMENT The petitioner challenges Ext.P3 order, whereby the petitioner’s application for permit for construction of a telecommunication tower has been rejected on the ground that the people of the locality have filed a complaint against such construction. When it was pointed out to the petitioner that against that order the petitioner has got a right of appeal before the Tribunal, the learned counsel for the petitioner contends that although it is an order under Section 235(J) of the Kerala Panchayat Raj Act, the rejection is not on any of the ground in Section 235(J) and therefore, no appeal would lie. I am unable to agree with that contention. It would be perfectly open to the petitioner to challenge Ext.P3 order on the ground that such an order cannot be passed under Section 235(J) of the Kerala Panchayat Raj Act. W.P.(c)No.5807/09 2 In the above circumstances, without prejudice to the right of the petitioner to challenge Ext.P3 order appropriately, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd