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. 12724 of 2011(M) ---------------------------------- PETITIONER(S): ------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA - 682 020 REPRESENTED BY ITS MANAGER (LEGAL), MR.PRAMOD JAIJI. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOZHIKODE RURAL, KOZHIKODE DISTRICT, PIN - 673105. 3. THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573. 4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE C.I., BALUSSERY P.O., KOZHIKODE DISTRICT, PIN - 673612. svs .................2/-... ...2... WPC.NO.12724/2011 5. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT, PIN - 673612. 6. THE SECRETARY, NANMINDA GRAMA PANCHAYATH NANMINDA, KOZHIKODE DISTRICT, PIN - 673613. 7. ANILKUMAR, KARIKKERIKANDI HOUSE, NANMINDA, NANMINDA P.O., KOZHIKODE DISTRICT, PIN - 673613. 8. MURALI, KARIKKERIKANDI HOUSE, NANMINDA, NANMINDA P.O., KOZHIKODE DISTRICT, PIN - 673613. * 9. SUNEER, METHALEKARIKKATTI HOUSE, NANMINDA, NANMINDA P.O., KOZHIKODE DISTRICT, PIN - 673613. (DELETED) * DELETED AS PER ORDER DATED 06/05/2011 IN I.A. NO.7309/2011. R1 TO R5 BY GOVT. PLEADER SMT.C.M.CHARISMA R6 BY SMT.THUSHARA.V R7 TO 9 BY ADV. SRI.K.RAKESH ROSHAN 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. 12724/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 27/08/2010 IN APPEAL NO.663/2010 BEFORE THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. P2: COPY OF THE BUILDING PERMIT DATED 16/03/2011 ISSUED BY THE NANMINDA GRAMA PANCHAYAT. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 31/03/2011. P4: COPY OF THE REPRESENTATION DATED 12/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 5. P5: COPY COF THE INTERIM ORDER DATED 08/04/2011 IN WPC. NO.10473/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.12724 of 2011 ------------------------------------------- Dated this the 22nd July, 2011 JUDGMENT Pius C.Kuriakose, J. It is submitted on behalf of the learned counsel for the petitioner Mr.Santhosh Mathew that the permit on the basis of which the petitioner wanted to construct the tower was cancelled by the Tribunal for Local Self Government Institutions. The petitioner proposes to challenge the order of the Tribunal in appropriate proceedings. In view of the above submission, we close this writ petition without examining the merits of the grounds raised giving liberty to the petitioner to move again once he is issued with a valid permit for construction. SD/- PIUS C.KURIAKOSE JUDGE SD/- K.SURENDRA MOHAN JUDGE css/ TRUE COPY p.s.to judge R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.12724 of 2011 ------------------------------------------- Dated this the 15th June, 2011 ORDER Basant, J. Service is complete. Respondents 1 to 5 are represented by the learned Government Pleader. Respondents 7 to 9 have appeared through counsel. Respondent No.6 though served, there is no appearance. There is no representation for the sixth respondent today also. The learned counsel for respondents 7 to 9 points out that Ext.P2 permit stands stayed by the Tribunal for Local Self Government Institutions as per order dated 18th May 2011 in I.A.No.538 of 2011. Counsel for the petitioner prays for time to take further instructions on that aspect. Call on 1.7.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/