IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28887 of 2008(L) -------------------------- PETITIONER(S): --------------- PRADEEP.L, SAFEENA MANDIRAM, CHAVERCODE, PARIPPALLY.P.O. BY ADV. SRI.S.D.ASOKAN RESPONDENT(S): --------------- 1. CHEMMARUTHY GRAMA GRAMA PANCHAYAT (SPECIAL GRADE), PANAYARA,P.O, SREENIVASAPURAM, VARKALA, THIRUVANANTHAPURAM DISTRICT,PIN-695145, REPRESENTED BY ITS SECRETARY. 2. M/S.INDIA TELECOM INFRA LTD,MEENA MADHAVAM, OPP.BHAVANS VIDYA MANDIR, DESHABHIMANI ROAD, ELAMAKKARA.P.O, ERNAKULAM, KOCHI-26. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.28887/2008 ----------------------------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT In Ext.P9 objection filed by the petitioner, he is raising complaints against the application made by the second respondent for a building permit, in respect of the land in survey No.199/14 of Chemmaruthiy Village, where the 2nd respondent is proposing to put up a Mobile Cellular Tower. Petitioner submits that orders on the application pursuant to Ext.P8 judgment of this court has not been passed so far and he having filed Ext.P9 objection, the first respondent should consider that also. I heard the counsel for the petitioner and also the counsel appearing for the second respondent. Admittedly, the second respondent has filed an application for a building permit in respect of the land in survey No.199/14 of WP(c).No.28887/2008 2 Chemmaruthiy Village. It is also seen that the petitioner filed Ext.P9 objection. If as a matter of fact Ext.P9 has been received and orders on the application for building permit has not been passed, there is no reason why the objection of the petitioner is also not considered. Accordingly, the writ petition is disposed of directing that the first respondent shall consider Ext.P9 objection filed by the petitioner, if orders on the application made by the second respondent for building permit in relation to the land mentioned above has not so far been passed. If orders are not passed, orders will be passed within 3 weeks from the date of receipt of a copy of the judgment. Petitioner may produce a copy of the judgment before the first respondent for compliance . ANTONY DOMINIC JUDGE vi. WP(c).No.28887/2008 3