IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6146 of 2008(F) ------------------------- PETITIONER: ------------ M/S. IDEA MOBILE COMMUNICATIONS LTD., 2ND FLOOR, MERCY ESTATE, RAVIPURAM, COCHIN-682 015, REPRESENTED BY ITS SENIOR MANAGER, SRI.RAMACHANDRAN C. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT: ------------- THE SECRETARY, THAZHAKKARA GRAMA PANCHAYAT, KALLIMEL P.O., MAVELIKKARA, ALAPPUZHA-690 570. BY ADV.MR.C.RASHEED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6146 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th February, 2008 JUDGMENT Under challenge in this Writ Petition is Ext.P1 order cancelling a building permit which had been issued to the petitioner-mobile company for the construction of a mobile tower on the ground that several complaints are received by the Panchayat subsequently regarding the mobile tower to be constructed by the petitioner. 2. Heard Mr.Santhosh Mathew, learned counsel for the petitioner and the Counsel for the Panchayat. 3. It is not disputed before me that Ext.P1 order was issued by the Panchayat without hearing the petitioner. Ext.P1 is liable to be quashed on the reason that it violates natural justice. I quash Ext.P1 and direct the respondent-Panchayat to take a fresh decision after hearing the petitioner and at least one representative of the persons who have filed complaints before the Panchayat against the construction of the mobile tower. The Panchayat will take fresh decision within one month of the petitioner producing a copy of this judgment. While taking decision, the Panchayat will have due regard on all binding judicial precedents and any other relevant material which may be cited/produced by either of the parties during hearing. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -