IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 21852 of 2009(B) -------------------------- PETITIONER(S): --------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P)LTD. 36/2624, FIRST FLOOR, CHERAMANGALATHU HOUSE, SHENOY ROAD, COCHIN-682017 REPRESENTED BY ASSISTANT MANAGER (LEGAL & ACQUISITION) MR.BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, CALICUT. 2. THE VILLAGE OFFICER, KODIYATHUR VILLAGE OFFICE, KODIYATHUR, MUKKOM P.O., CALICUT. 3. KODIYATHUR GRAMA PANCHAYAT, KODIYATHUR P.O.MUKKAM, CALICUT DISTRICT, REPRESENTED BY ITS SECRETARY. *4. ALI.P., S/O. MUHAMMED, ONGUGAL MOHAMMED, PANNIKODE POST, KODIYATHUR, MUKKAM, KOZHIKODE DISTRICT. (ADD. R4 IS IMPLEADED AS PER ORDER DATED 20/8/2009 IN I.A. NO.10564/2009) BY SRI. P.N SANTHOSH GOVT PLEADER FOR R1 ADV. SRI.K.P.SUDHEER FOR R4 SMT.N.N.PRASEEDA FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.21852 of 2009 -------------------------- Dated this the 25th August,2009 J U D G M E N T After obtaining permission from the Panchayat, petitioner commenced the construction of a telecommunication tower in 6 cents of land in Re.Sy. No.68/2 of Kodivathur village belonging to one Sri. Kutti Ali S/o Imbichi Moyi, as evidenced by Ext.P1 agreement. Ext.P2 is the building permit issued by the Panchayat in this regard. 2. On the petitioner commencing construction, inter alia deploying a JCB for leveling the land, it was served with Ext.P5 stop memo by the Village Officer requiring it to stop the construction. This has been challenged in the writ petition. 3. A counter affidavit has been filed by the 1st respondent as also by the additional 4th respondent . 4. I refrain from undertaking a consideration of the rival submission since it is submitted on both sides that the RDO has called the representatives of the petitioner W.P ( C) No.21852 of 2009 2 and the Panchayat for a hearing to sort out of the issues that has been raised by the 4th respondent. It is scheduled to be held on 27/8/2009. In the result, the writ petition is disposed of directing the 1st respondent to draw up a proceedings on conclusion of the hearing adverting to the objections, if any, pursued by the 4th respondent or such other objectors within a week from the date of conclusion of the hearing and thereafter the parties shall proceed to take action on the basis of the decision so taken by the RDO. The hearing shall be completed on 27/8/2009 itself. Other contentions of the parties are left open. (V.GIRI,JUDGE) ma W.P ( C) No.21852 of 2009 3 W.P ( C) No.21852 of 2009 4