IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 16933 of 2009(J) -------------------------------------- PETITIONER: ------------------- INDUS TOWERS LIMITED, N.H.BYPASS, MARADU P.O., KUNDANOOR, KOCHI, REPRESENTED BY ITS DULY AUTHORIZED PREMAKRISHNAN NAIR.M.N., HEAD LEGAL INDUS TOWER'S LTD, N.H. BYPASS, MARADU.P.O., KUNDANORR, COCHI. BY ADV. MR.P.SATHISAN. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 3. VILLAGE OFFICER, OTTOOR VILLAGE, OTTOOR. 4. SECRETARY, GRAMA PANCHAYATH, OTTOOR, MANAMBOOR P.O. 5. P.CHANDRAN, SAJILAND, OTTOOR, MANAMBOOR P.O. 6. JAYASREE, JISHA NIVAS, MANAMBOOR P.O. 7. SIVANANDAN, KATTUVILA, OTTOOR, MANAMBOOR P.O. * 8. R.VIJAYAN, V.A.LAND, OTTOOR, MANAMBOOR.P.O. *(DELETED) *DELETED AS PER ORDER DTD. 04/08/09 IN I.A. 9519/09. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16933/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF INCORPORATION. EXT.P.1.A: COPY OF THE TECHNICAL SPECIFICATION ISSUED TO VODAFONE ESSAR CELLULAR LIMITED. EXT.P.1.B: COPY OF THE TECHNICAL SPECIFICATION LETTER ISSUED BY GOVT. OF INDIA TO HUTCHISSON ESSAR CELLULAR LTD. EXT.P.2: COPY OF THE BUILDING PERMIT ISSUED BY R.4. DTD. 12/12/2009 BEARING NO. A2-108/08. EXT.P.3: COPY OF THE STOP MEMO ISSUED BY R.3. DTD. 30/01/2009 BEARING NO. 46/09. EXT.P.4: COPY OF THE NOTICE ISSUED BY THE R.1. DTD. 17/04/2009 BEARING NO.59- 10378/09. EXT.P.5: COPY OF THE COMPLAINT DTD. 29/01/2009. EXT.P.6: COPY OF THE ORDER DTD. 16/09/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.16933 OF 2009 -------------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner challenges Ext.P3 stop memo issued by a Village Officer restraining the installation of a Mobile Telecommunication Tower. That Tower is being built on the strength of Ext.P2 building permit. The matter is governed by Chapter 19 of the Kerala Municipality Building Rules, 1999. On the basis of the law laid by this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4)KLT 695], no ground referable to health and other issues could have been raised. At any rate, the impugned stop memo, Ext.P3, does not state any reason, but, it is a communication pursuant to the orders of the District Collector. I do not find any jurisdiction for the Village Officer or for the District Collector to issue such an order. In the result, Ext.P3, which stands stayed from 4.8.2009 is quashed and the Writ Petition is allowed accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps