IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 1105 of 2011(K) --------------------------------------- PETITIONER(S): ------------------------ SHAJI MATHEW, S/O.MATHEW, PALATHRA HOUSE,THURUTHY PO,CHANGANASSERY, KOTTAYAM DISTRICT (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): ---------------------------- 1. THE S.I.OF POLICE KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. MUTHUKULAM GRAMA PANCHAYATH, MUTHUKULAM, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY - 690 506. 4. V.SREEKUMARI AMMA,NEDUMBRATH HOUSE MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. 5. SHAJI, S/O.BABY, ELLATHUTHARAYIL HOUSE, MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. 6. KRISHNAKUMAR, S/O.GOPALAKURUP, VYRISSERI, VIJAYA BHAVAN, MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. Kss ..2/- ..2.... WPC.NO.1105/2011 K 7. PRABHAKARAN, S/O.SANKARAN, MANGALASSERI PADITTETHIL HOUSE, MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. 8. JAGATHI ACHARI, S/O.KESAVAN ACHARI, PUTHENVEEDU HOUSE, MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. 9. SANTHI, D/O.PRABHAKARAN, MANGALASSERI PADITTETHIL HOUSE, MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. 10. VIJAYA KUMARI, W/O.PRABHAKARAN, MANGALASSERI PADITTETHIL HOUSE, MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. 11. OMANA, W/O.JAGATHI ACHARI, PUTHENVEEDU HOUSE, MUTHUKULAM SOUTH PO,ALAPPUZHA DISTRICT 690 506. 12. INDUS TOWERS LTD, CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD LEGAL, PREMAKRISHNAN NAIR. 13. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 146. 14. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICAITNS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN,20, ASHOKA ROAD, NEW DELHI 110 001. R1,R2 & R13 BY GOVERNMENT PLEADER SMT. JOSEPHINA R3 BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH (E). R5 TO R11 BY ADVS.SRI.P.SREEKUMAR, SRI.K.S.MANU (PUNUKKONNOOR). R14 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1105/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF BUILDING PERMIT NO.A3-1988/10 DTD.22/04/2010. P2: COPY OF THE REPRESENTATION DTD. 05/01/2011 SUBMITTED BEFORE FIRST RESPONDENT. P3: COPY OF THE RECEIPT DTD. 05/01/2011 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. RESPONDENT'S EXHIBITS: R6A: COPY OF THE RESOLUTION DTD. 19/05/2009. R6B: COPY OF THE REPRESENTATION DTD. 31/12/2010 SUBMITTED BEFORE THE PANCHAYATH. R6C: COPY OF THE RESOLUTION DTD. 5/01/2011 OF THE 2ND RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.1105 of 2011 ------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. It is submitted by learned counsel appearing for the contesting respondents that the Tribunal for Self Government Institutions had allowed Appeal No.162 of 2011 and revoked the building permit on the basis of which the petitioner was intending to construct the tower. The counsel for the petitioner sought time to verify correctness of the above submission. 2. We do not find any reason to doubt correctness of the submissions made on behalf of contesting respondents. 3. We close the writ petition without examining the grounds, by giving liberty to the petitioner to move again once he is issued with a current valued permit. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/