IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 27789 of 2009(P) -------------------------- PETITIONER(S): --------------- ABDUL KAREEM, S/O. HAIDROSE KUTTY, 649, VALLINJALIL, CHENGAMANAD, ERNAKULAM DIST. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 3. CHENGAMANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHENGAMANAD P.O., ERNAKULAM DIST. 4. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, THIRUVANANTHAPURAM. 5. M/S ESSAR TELECOM INSFRASTRUCTURE (P) LTD., IST FLOOR, CHERAMANGALAM HOUSE, SHENOY ROAD, COCHIN -17. 6. MRS. NAZRATH D/O. ABOOBACKER HAJI, KUNNATH HOUSE, PALASSERI, CHENGAMANAD P.O., ERNAKULAM DIST. R1 BY GOVT. PLEADER SRI.V.MANU R3 BY ADV.C.M.SURESH BABU R4 BY SRI.KM.K.CHANDRAMOHAN DAS, S.C. R5 BY ADV.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.B.SATHIQ R6 BY ADV. P.R.RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.27789/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER BY ELECTION COMMISSION OF INDIA. EXT.P2: TRUE COPY OF PAYMENT OF BASIC TAX IN RESPECT OF PETITIONER'S PROPERTY. EXT.P3: TRUE COPY OF PERMIT DATED 26.3.09 ISSUED TO THE 5TH RESPONDENT BY R3 FOR CONSTRUCTION OF TELECOMMUNICATION TOWER. EXT.P4: TRUE COPY OF BUILDING PERMIT APPLICATION DATED 29.6.07 OF R5 BEFORE THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE LIST OF HOUSES NEAR TO THE BUILDING ON WHICH TELECOMMUNICATION TOWER IS SOUGHT TO BE CONSTRUCTED BY R5. EXT.P6: TRUE COPY OF PHOTOGRAPHS SHOWING THE BUILDING ON WHICH THE TELECOMMUNICATION TOWER OF R5 IS SOUGHT TO BE CONSTRUCTED. EXT.P7: TRUE COPY OF ORDER DATED 23.7.09 IN APPEAL NO.522/09 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. EXT.P8: TRUE COPY OF STOP MEMO DATED 14.9.09 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. EXT.P9: TRUE COPY OF ORDER DATED 17.9.09 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27789 OF 2009 ------------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT This writ petition is filed against an interim order passed by the Tribunal for Local Self Government Institutions. The main matter, viz., the appeal itself is dismissed. It is stated that the Tribunal has directed the panchayat to consider the application for regularisation. This is recorded and the writ petition is dismissed directing the panchayat to act in terms of the directions of the Tribunal. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/12.