IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 RP.No. 527 of 2011(A) --------------------- AGAINST THE JUDGEMENT WPC.9009/2011 .................... REVIEW PETITIONERS : RESPONDENTS 3 TO 6 ---------------------------------------- 1. SURENDRAN.N,S/O.CHATHANKUTTY, NECHOLI HOUSE,GURUVAYOORAPPAN COLLEGE.P.O, KOZHIKODE,PIN-673014. 2. SURENDRAN.E.K,S/O.SHANKARANKUTTY, MUTHUVATTIRI HOUSE,GURUVAYOORAPPAN COLLEGE.P.O, KOZHIKODE,PIN-673014. 3. BAIJU.C,S/O.SAMIKUTTY,CHAMAVIL HOUSE, GURUVAYOORAPPAN COLLEGE.P.O,KOZHIKODE, PIN-673014. 4. DEVADAS.V,S/O.KUNHIRAMAN NAIR,CECHOLI METHAL HOUSE,VELICHENNAPARAMBATH,GURUVAYOORAPPAN COLLEGE.P.O,KOZHIKODE,PIN-673014. BY ADV. SRI.SUNNY MATHEW RESPONDENTS : PETITIONER AND RESPONDENTS 1, 2 AND 7 ------------------------- 1. INDUS TOWERS LIMITED,VANKARATH TOWER, 8TH FLOOR,N.H.BYEPASS,PALARIVATTOM,KOCHI-24, REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR.M.N,HEAD LEGAL. 2. THE SUPERINTENDENT OF POLICE,KOZHIKODE DISTRICT-673001. 3. STATION HOUSE OFFICER,NALLALAM POLICE STATION,KOZHIKODE-673001. 4. OLAVANNA GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY,KOZHIKODE TALUK,KOZHIKODE DISTRICT-673001. GOVERNMENT PLEADER R.BINDU THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** R.P No.527 of 2011 in W.P(c) No.9009 of 2011-A ***************************** Dated this the 10th day of August, 2011 ORDER BASANT, J. This petition is to review and recall the judgment dated 17.06.2011. By the said judgment, police protection was ordered to be provided for the petitioner in the Writ Petition to undertake the construction of a mobile tower in accordance with Ext.P2 permit issued by the 7th respondent in the Writ Petition against any objections to constructions raised by respondents 3 to 6. The review petitioner now wants to point out that the permit issued by the panchayat stands revoked/suspended. This fact could not be brought to the notice of the Court, it is submitted. The 7th respondent panchayat has now filed an affidavit to confirm that Ext.R7(b) has been issued requiring the writ petitioner not to proceed with the construction as authorised by the permit. The order sought to be reviewed was passed by this Court unaware of Ext.R7(b), which was not brought to the notice of this Court. We are, in these circumstances, satisfied that this review petition can be allowed; judgment dated 17.06.2011 can R.P No.527 of 2011 in W.P(c) No.9009 of 2011-A 2 be recalled and the matter can be posted for further hearing. We do so because the learned counsel for the writ petitioner submits that the petitioner proposes to take appropriate further action to challenge Ext.R7(b). 2. This review petition is accordingly allowed. The judgment dated 17.06.2011 is recalled. The matter shall now be posted before the appropriate Bench for fresh disposal in accordance with law. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/