IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 13138 of 2011(N) ---------------------------------- PETITIONER(S): ------------------- SHAJI MATHEW, S/O.MATHEW, PALATHRA HOUSE,THURUTHY PO,CHANGANASSERY, KOTTAYAM DISTRICT(PARTNER,PALATHRA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------------- 1. THE S.I. OF POLICE, PALLICKAL, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. (RURAL),PIN 695 603. 3. NAVAIKULAM GRAMA PANCHAYAT,REP.BY ITS SECRETARY,NAVAIKULAM PO, THIRUVANANTHAPURAM, PIN 653 603. 4. NAZEEM,S/O.ABDUL MAJEED,KOONAMCHALIL HOUSE, MARUTHIKUNNU PO,695 603,THIRUVANANTHAPURAM. 5. RAZIYA BEEVI,W/O.ABDUL MAJEED, KUNNAMCHALIL HOUSE, MARUTHIKUNNU PO. 6. MOHAMMED SHAJI,S/O.ABDUL RASEEDH, PALAKUNNIL HOUSE,MARUTHIKUNNU PO. 7. SAJIN,S/O.SALAVUDHEEN, KUNNAMCHALIL HOUSE,MARUTHIKUNNU PO. svs ..............2/-..... ...2... WPC.NO.13138/2011 8. ABUZABEEVI,W/O.LATE SHIHABUDHEEN, KOONAMCHALIL HOUSE,MARUTHIKUNNU PO. 9. SAJIDH,S/O.ABDUL SAMEDH, ROADRULA VEEDU,MARUTHIKUNNU PO. 10. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS,8TH FLOOR , NH 47, PALARIVATTOM, KOCHI-24,REP.BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 11. STATE OF KERALA,REP.BY ITS CHIEF SECRETARY,KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 12. UNION OF INDIA,REP.BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN,20,ASHOKA ROAD, NEW DELHI 110 001. R1 & R3, R11 BY GOVT.PLEADER SRI.T.K.VIPINDAS R3 BY ADVS. SRI. K.SIJU SMT.BINDU GEORGE R4 TO 9 BY ADVS. SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED R12 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13138/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT DATED 06/11/2010 ISSUED BY THE 3RD RESPONDENT PANCHAYAT TO THE 10TH RESPONDENT. P2: COPY OF THE REPRESENTATION DATED 04/05/2011 SUBMITTED BEFORE THE FIRST RESPONDENT. P3: COPY OF THE RECEIPT DATED 04/05/2011 ISSUED BY THE FIRST RESPONDENT. P4: COPY OF THE ORDER DATED 20/01/2011 FOR TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.52/2011. P5: COPY OF THE ORDER DATED 30/03/2011 FOR TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO52/2011. RESPONDENT'S EXHIBITS: R3(a):COPY OF COMMUNICATIONS RECEIVED FROM THE DISTRICT COLLECTOR DATED 10/11/2010. R3(b):COPY OF THE MASS PETITION RECEIVED FROM THE PUBLIC DATED 15/11/2010. R3(c):COPY OF SHOW CAUSE NOTICE ISSUED TO THE 10TH RESPONDENT DATED 16/11/2010. R3(d):COPY OF ORDER DATED 14/12/2010. /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.13138 of 2011 ------------------------------------------- Dated this the 22nd July, 2011 JUDGMENT Pius C.Kuriakose, J. It is not disputed before us by the learned counsel for the petitioner that the contesting party respondents have filed Writ Petition No.15420 of 2011 before this Court challenging the judgment of the Tribunal for Local Self Government Institutions pursuant to which only the permit was issued to the petitioner. It is also not disputed that in the above writ petition, orders have been passed directing maintenance of status quo. In the above circumstances, we are of the view that this writ petition cannot be considered on merits now. We close this writ petition without examining the merits of the case, however giving liberty to the petitioner to move again after Writ Petition No.15420 of 2011 is disposed of. sd/-PIUS C.KURIAKOSE JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE