IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 27187 of 2010(W) -------------------------- PETITIONER: --------------- M/S.IDEA CELLULAR LTD., MURALEES, KALLAMPALLI, SREEKARYAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS DY.GENERAL MANAGER, PREKMAKRISHNAN NAIR.M. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. 3. MR.E.K.BABU, AJITHA BHAVAN, MULLANCHANIVILA, KODUNGANOOR,P.O. THIRUVANANTHAPURAM DISTRICT. 4. VATTIYOORKAVU GRAMA PANCHAYAT VATTIYOORKAVU P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. ADV. SRI.J.HARIKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) No. 27187 OF 2010 ============================ Dated this the 24th day of September 2010 JUDGMENT K.M. Joseph, J. The petitioner seeks permission to withdraw the writ petition. The learned counsel for the 3rd respondent brings to our notice that Ext.R3(a) is a writ petition filed by the petitioner in this case. Therein it is pointed out that the petitioner's case was that it has completed the construction of the telecommunication tower and the tower is functioning from 24/3/2008. The prayer in the writ petition reads as follows: “ issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to provide effective and adequate police protection to the petitioners' workers for constructing the telecommunication tower without any obstruction from 3rd respondent and his henchmen.” 2. The learned counsel for the petitioner would attempt to submit that the actual relief sought for in this writ petition is to WPC.27187/2010 -2- provide protection for installation of an additional equipment. But that does not appear to be the prayer in this writ petition. The petitioner can be permitted to withdraw this writ petition only on payment of some costs. The request for dismissal as withdrawn is allowed subject to the condition that the petitioner pays a sum of Rs.2,000/-to the learned counsel for the 3rd respondent within a period of one week. The dismissal is subject to the condition being fulfilled by the petitioner. Sd/- K.M. JOSEPH, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY P.S. TO JUDGE WPC.27187/2010 -3-