IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 28192 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. VELAYUDHAN NAIR, S/O. KELU NAIR, MEPPURATH HOUSE, KODUVALLY SOUTH, KOZHIKODE DIST. 2. IKKARAN NAIR, S/O. CHANDU NAIR, NEDUMKANDATHIL HOUSE, KODUVALLY SOUTH KOZHIKODE DIST. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------- 1. KODUVALLY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KODUVALLY KOZHIKODE. 2. THE SECRETARY, KODUVALLY GRAMA PANCHAYATH, KODUVALLY, KOZHIKODE. 3. BHARTI AIRTEL LTD., CIRCLE OFFICE, BHARTI AIRTEL LTD., NO.11/1 & 12/1, WEST A WING MARUTI INFOTECH CENTRE, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE 560071. 4. BHARTI ARITEL LTE., LOCAL CITY OFFICE KOZHIKODE REP. BY ITS MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ------------------------------------------------------- W.P.(C).NO.28192 OF 2009 --------------------------------------- Dated this the 7th day of October, 2009. JUDGMENT Notice to respondents dispensed with preserving their right to seek re-hearing if aggrieved by directions contain hereunder. Having heard the learned counsel for the petitioners, It is seen that the fundamental the plea is that the construction in question is being carried out in a location other than for which the permit has been granted. Petitioners make reference to alleged conflict in survey numbers. The mere existence of a temple, church etc. is insufficient to conclude that there is any ground to interfere with the proposed erection of a mobile tower. The plea of the petitioners that it is a residential area, also does not by itself generate any support to the writ petition. Therefore, respondents 1 and 2 are directed to consider Ext.P2 as regards the objection of the change of survey numbers, though such a specific objection is not even stated in Ext.P2. It is clarified that this judgment does not speak anything on the merits of the case and the Panchayath shall decide on the matter without reference to any statement in this judgment. The writ petition ordered accordingly. THOTTATHIL B. RADHAKRISHNAN ,JUDGE. pm W.P.(C).NO.28192 OF 2009 2