IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 1494 of 2011(J) ----------------------- PETITIONER : --------------------- GTL INFRASTRUCTURE LTD., DOOR NO. 40/9643, PRABHU TOWER, IST FLOOR, OPP.CHENNAI SILKS, M.G.ROAD, NORTH ERNAKULAM, KOCHI-682 035, REPRESENTED BY ITS SENIOR EXECUTIVE (LEGAL), MR.JINTO ANTONY. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, RURAL SP OFFICE, ALUVA-683 101. 2. THE DY. SUPERINTENDENT OF POLICE, OFFICE OF THE DY. SUPERINTENDENT OF POLICE, PERUMBAVOOR, PIN-683 542. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR, PIN-683 542. 4. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PIN-683 542. 5. MR.SHAJAHAN, S/O.ABDUL MAJEED MOULAVI, REHMATH MANZIL, MARAMPALLY P.O., PIN-683 107. 6. MUJEEB, VADAKKAN HOUSE, MARAMPALLY P.O., ALUVA, PIN-683 107. ...2/- WP(C).No. 1494 of 2011(J) -2- 7. MAIDHEEN, S/O.SYED, VELAMKUDY HOUSE, MARAMPALLY P.O., ALUVA, PIN-683 107. 8. USMAN, S/O.AIMU, KUNNATH HOUSE, ALUVA P.O., PIN-683 107. 9. VAZHAKULAM GRAMA PANCHAYATH MARAMPALLY P.O., PIN-683 107, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY GOVT. PLEADER SMT. T.T. JOSEPHINE R9 BY ADV. SRI.P.A.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 1494 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE RECEIPT ISSUED BY THE PANCHAYAT DATED 11/11/2010 FOR PAYMENT OF APPLICATION FEE OF BUILDING PERMIT. EXT.P2 : PHOTOCOPY OF LETTER DATED 22/11/2010 SENT BY THE PETITIONER TO THE 9TH RESPONDENT. EXT.P3 : PHOTOCOPY OF THE CIRCULAR NO. 2750/RD2/09/LSGD DATED 13/3/2009 ISSUED BY THE GOVERNMENT. EXT.P4 : PHOTOCOPY OF THE JUDGMENT DATED 04/07/2008 IN WP(C) 15605/2008. EXT.P5 : PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE POLICE AUTHORITIES. EXT.P6 : PHOTOCOPY OF THE APPLICATION SUBMITTED BY SANDEEP SOMAN BEFORE THE PUBLIC INFORMATION OFFICER DATED 11-7-2007. EXT.P7 : PHOTOCOPY OF THE REPLY GIVEN BY THE INFORMATION OFFICER ON 20-7-2007. EXT.P8 : PHOTOCOPY OF THE APPLICATION SUBMITTED BY IDEA MOBILE COMMUNICATIONS UNDER THE RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER ON 8-2-2008. EXT.P9 : PHOTOCOPY OF THE REPLY RECEIVED FROM THE PUBLIC INFORMATION OFFICER ON 14-2-2008. EXT.P10 : PHOTOCOPY OF THE ADDITIONAL REPLY RECEIVED FROM THE PUBLIC INFORMATION OFFICER ON 26-3-2008. RESPONDENT'S EXHIBITS: EXT.R9-A : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 20.10.2010. EXT.R9-B : COPY OF THE LEASE DEED DATED 15.10.2010. EXT.R9-C : COPY OF THE SKETCH DATED 08.10.2010. (Contd...) WP(C).No. 1494 of 2011(J) EXT.R9-D COPY OF THE COMPLAINT FILED BY THE NEIGHBORING RESIDENTS DATED 12.11.2010. EXT.R9-E COPY OF THE COMMUNICATION OF THE PANCHAYATH DEPUTY DIRECTOR, ERNAKULAM DATED 22.11.2010. //TRUE COPY// P.A. TO JUDGE Mn PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.1494 of 2011 ------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. It is submitted by the counsel appearing on both sides that the application for building permit for establishment of the telecommunication tower has already been rejected by the local authority and an appeal filed by the petitioner against the said order is now pending disposal before the Tribunal for Local Self Government Institutions, Thiruvananthapuram. 2. Under the above circumstances, the writ petition is closed reserving liberty to the petitioner to move an appropriate petition once they get valid permit for construction of the telecommunication tower. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/