IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 15415 of 2009(V) -------------------------------------- PETITIONERS: --------------------- 1. NOUSHAD THEKKAYIL, THEKKAYIL, CHOULAMVAYAL, KUNNAMANGALAM, KOZHIKODE. 2. A.K.SHOUKATHALI, AMBALAPARAMBIL HOUSE, CHOULAMVAYAL, KUNNAMANGALAM P.O., KOZHIKODE. BY ADV. MR.O.D.SIVADAS. RESPONDENTS: ------------------------ 1. THE SECRETARY, KUNNAMANGALAM GRAMA PANCHAYATH, KUNNAMANGALAM, KOZHIKODE. 2. THE KUNNAMANGALAM GRAMA PANCHAYATH, KUNNAMANGALAM, REPRESENTED BY ITS SECRETARY. 3. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 4. BHARATHI AIRTEL LTD., REPRESENTED BY ITS MANAGER, KOZHIKODE. R1 & R2 BY ADV. MR.K.M.FIROZ, R3 BY GOVT. PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15415/2009-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MASS PETITION SUBMITTED TO THE PANCHAYATH. EXT.P.2: COPY OF THE NEWSPAPER REPORT PUBLISHED IN THEJAS DAILY DTD. 11/06/2008. EXT.P.3: COPY OF THE MASS PETITION SUBMITTED TO THE R.3. EXT.P.4: COPY OF THE ORDER DTD. 08/09/2008 PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. EXT.P.5: COPY OF THE ORDER DTD. 22/10/2008 PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. EXT.P.6: COPY OF THE ORDER DTD. 26/11/2008 PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------ W.P.(C). No.15415 OF 2009 ------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ Following orders of the learned Ombudsman for Local Self Government Institutions (Exts.P5 and P6), the petitioners state that the Panchayat has refused the building permit for the erection of a Mobile Telecommunication Tower. The plea before the learned Ombudsman had generated the cancellation of the permit. In the light of the action taken by the Panchayat, as aforesaid, the Panchayat has necessarily to take further action. The learned counsel for the Panchayat states that the fresh application for building permit submitted following orders of the learned Ombudsman for Local Self Government Institutions was rejected. As a necessary consequence, steps shall be taken by the Panchyat, in accordance with law. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps