IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18709 of 2010(K) -------------------------- PETITIONER: --------------- R.SURENDRAN PILLAI, S/O.RAGHAVAN PILLAI, AGED 65 YEARS, SECRETARY, ACTION COUNCIL AGAINST THE INSTALLATION OF BSNL MOBILE TOWER IN EDAKULANGARA, IN THODIYOOR GRAMA PANCHAYATH, RESIDING AT KOTHERIL, EDAKULANGARA P.O., KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. THODIYOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, THODIYOOR P.O., KARUNAGAPALLY-690568. 2. THODIYOOR GRAMAPANCHAYATH COMMITTEE REPRESENTED BY ITS PRESIDENT THODIYOOR P.O., KARUNAGAPALLY-690568. 3. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, NELLIMUKKU, KOLLAM. 4. BOBY SEBASTIAN, CIRCLE HEAD, INDIA TELECOM INFRA LTD., NO.42/1327(1), 2ND FLOOR, V.S.ARCADE, POWER HOUSE ROAD, OPP.POWER HOUSE, KACHERIPADY, COCHIN-18. 5. L.MAYADEVI, W/O.MOHAN KUMAR, KOTHERIL, EDAKULANGARA P.O., KARUNAGAPALLY-690562. BY SHRI M.K.CHANDRAMOHANDAS FOR R3 SMT.K.K.THULASI BAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.18709 of 2010 --------------------------------- DATED THIS THE 16th DAY OF JUNE, 2010 JUDGMENT This Writ Petition is filed challenging Exhibit P8, an order passed in I.A.No.669/10 in Appeal No.471/10 by the Tribunal for Local Self Government Institutions, Thiruvananthapuram. The Tribunal has passed an order staying the order bearing No. A3.286/2009 dated 3.3.2010, issued by the Secretary of the Thodyoor Grama Panchayat. 2. Exhibit P8 order is only an interim order passed in an appeal pending before the Tribunal. The learned counsel for the petitioner submitted that the petitioner has not been made a party before the Tribunal by the 4th respondent and therefore he is unable to approach the Tribunal in the matter. It is open to the petitioner to seek impleadment in the appeal pending before the Tribunal and pray for modification of the interim order. Without prejudice to the said remedy, this Writ Petition is dismissed. Issue copy today itself. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn