IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 915 of 2011(L) ------------------------------------- PETITIONER(S): ------------------------ SHAJI MATHEW, S/O.MATHEW, PALATHRA HOUSE, CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): -------------------------- 1. THE S.I.OF POLICE, MUVATTUPUZHA, ERNAKULAM. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM. 3. MUVATTUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. P.S.MYMONA, FAIZAL MANZIL, PULIKKAL HOUSE, MORAYUR P.O., MORAYUR VILLAGE, MALAPPURAM DISTRICT. 5. ANAS, S/O.MAKKAR, THACHILAYIL HOUSE, KIZHAKKEKARA, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT. 6. T.M.MAKKAR, THACHILAYIL HOUSE, KIZHAKKEKARA, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT. 7. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. sts 2/- -2- WP(C)NO.915/2011 8. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 9. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1, R2 & R8 BY GOVERNMENT PLEADER SMT.JOSEPHINA R3 BY ADV. SRI.V.M.KURIAN R5 & R6 BY ADV. SRI.K.RAVEENDRAN SRI.P.K.ABDUL RAHIMAN R9 BY ADV.SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.915/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.BA.82/10-11 DATED 18/06/2010. P2 COPY OF THE REPRESENTATION DATED 05/01/2011 SUBMITTED BEFORE FIRST RESPONDENT. P3 COPY OF THE RECEIPT DATED 05/01/2011 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. RESPONDENT'S EXHIBITS: R5(A) COPY OF THE G.O.NO.2750(2)/RD.2/ LOCAL SELF GOVERNMENT (RD) DEPARTMENT, THIRUVANANTHAPURAM DATED 10/8/2009. R5(B) COPY OF THE APPLICATION DATED 5/1/2011 SUBMITTED BEFORE THE MUVATTUPUZHA MUNICIPALITY ALONG WITH ITS RESPECT. R5(C) COPY OF THE STUDIES AND THE REPORTS OF IIT BOMBAY AND OTHER PAPERS. R5(D) COPY OF THE REPORT ABOUT THE MOBILE TOWER RATION PREPARED BY IIT BOMBAY AND OTHER PAPERS. R5(F) COPY OF THE STOP MEMO DATED 12/5/2011 ISSUED TO THE INDUS TOWERS LTD. /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.915 of 2011 ------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. It is submitted by the counsel for the petitioner that the petitioner is no longer the contractor for the principal company for whom the tower was being constructed and a new contractor has been engaged. Under these circumstances we dismiss this writ petition. 2. We make it clear that if any new contractor is engaged for the construction of the tower, he will be at liberty to seek similar reliefs. It will be open to him to move this Court by initiating fresh proceedings. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/