IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 30168 of 2011(U) -------------------------- PETITIONER(S): --------------- 1. INDUS TOWERS LTD., CIRCEL OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O.MATHEW, PALATHARA HOUSE, THURUTHY P.O., CHANGANASSERY, KOTTAYM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. THE S.I. OF POLICE, POTHANIKKAD, ERNAKULAM DISTRICT – 686 671 2. THE C.I. OF POLICE, KALOORKKAD, ERNAKULAM DISTRICT – 686 671. 3. THE SUPERINTENDENT OF POLICE, ERNAKULAM, COCHIN - 31. 4. POTHANIKKAD GRAMA PANCHAYAT, POTHANIKKAD, ERNAKULAM DISTRICT, REPRESENTED BY ITS SCRETARY – 686 671. 5. T.G.ABRAHAM, THOLANIKUNNEL HOUSE, POTHANIKAD, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT – 686 691. 6. GIGI VARGHESE, W/O.VARGHESE, ELAVUMKUDIYIL HOUSE, POTHANIKAD, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT – 686 691. 7. MINI,KAKAMTHOTTATHIL HOUSE, POTHANIKAD, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT – 686 691. WP(C).No. 30168 of 2011(U) 8. SAJI, CHEERAKATHOTTATHIL HOUSE, POTHANIKAD, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT – 686 691. 9. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 10. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI- 110001. BY GOVT. PLEADER SRI.M.K.ABOOBACKER ADV. SRI.K.M.STALIN FOR R5-8 SRI.T.D.SALIM FOR R5-8 SRI.PAUL C THOMAS FOR R5-8 SRI.P.PARAMESWARAN NAIR FOR R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30168 of 2011(U) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXHIBIT-P2. COPY OF THE CERTIFICATE FOR COMMENCEMENT ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXHIBIT-P3. COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10.01.2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXHIBIT-P4. COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL OF TERRITORY OF DELHI AND HARYANA. EXHIBIT-P4(a).TYPED COPY OF EXHIBIT-P4. EXHIBIT-P5. COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS,NEW DELHI. EXHIBIT-P6. COPY OF BUILDING PERMIT NO.53/09 DATED 12.08.2009 ISSUED BY THE 4TH RESPONDENT PANCHAYAT TO THE FIRST PETITIONER. EXHIBIT-P7. COPY OF THE JUDGMENT DATED 12.10.2009 PASSED BY THIS HON'BLE COURT IN WP(C) NO.25663/2009. EXHIBIT-P8. COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P9. COPY OF THE POSTAL RECEIPTS. RESPONDENTS' EXHIBITS: EXT.R5(A) : COPY OF THE PLAINT IN O.S.NO.416/2009 OF THE MUNSIFF COURT, MUVATTUPUZHA FILED BY 5TH RESPONDENT. EXT.R5(B) : COPY OF THE ORDERI N I.A.ANO.2526/2009 DTD.29.1.2010 IN O.S NO.416/2009 OF THE MUNSIFF'S COURT, MUVATTUPUZHA EXT.R5(C) : COPY OF THE REPORT OF THE ADVOCATE COMMISSION AND THE SURVEY SKETCH DTD.4.4.2010 EXT.R5(D): COPY OF THE LETTER DTD.6.12.2010 EXT.R5(E): COPY OF THE NOTICE DTD.31.1.2011 //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.30168 of 2011 -------------------------------------------------- Dated this the 22nd day of December, 2011 J U D G M E N T Pius C. Kuriakose, J It is submitted by the learned counsel for the Panchayat that the stay order issued by the Panchayat is even now in currency. Under the above circumstances we close this writ petition giving liberty to the petitioner to apply for revival once the stay is vacated. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab