IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25412 of 2008(S) ----------------------------------- PETITIONER: ------------------ GEORGEKUTTY EDAPPATTU, EDAPPATTU HOUSE, KUNNAKKAL.P.O., VALAKOM, MOOVATTUPUZHA. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESEBTED BY ITS SECRETARY, LOCAL SELF GOVT. (RD) DEPARTMENT, THIRUVANANTHAPURAM. 2. VALAKOM GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT, MEKKADAMPU.P.O., VIA. MOOVATTUPUZHA. 3. SECRETARY, VALAKOM GRAMA PANCHAYAT, MEKKADAMPU.P.O., VIA. MOOVATTUPUZHA. 4. M/S.RELIANCE COMMUNICATIONS LTD. A & P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHARA, REPRESENTED BY ITS MANAGER. R1 - BY SR.GOVT.PLEADER SRI.M.P.SREEKRISHNAN. R4 - BY ADV.SRI.V.G.ARUN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25412 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August 2008 JUDGMENT H.L.DATTU, C.J. Petitioner claims that he is an elected representative of Ward No.2 of Valakom Grama Panchayat. 2. In this public interest litigation, the main prayer of the petitioner is to direct the respondents to stop the construction of the telecommunication tower by the 4th respondent. 3. The petitioner further states, that, the 4th respondent is continuing with the construction with the help of Ext.P7 permit issued by the Secretary of the Grama Panchayat and that permit is issued by the Secretary without there being an appropriate resolution by the Grama Panchayat. It is further stated that the construction activity is going on even after the Grama Panchayat has issued a stop memo to the 4th respondent to stop all further construction. 4. We do not intend to go into all the assertions and allegations made by the petitioner in this petition, since we are of the opinion that, if, for any reason, the petitioner or any other person is aggrieved by the permit issued by the Secretary of the Grama Panchayat, permitting the 4th respondent to construct the W.P.(C)No.25412 OF 2008 :: 2 :: telecommunication tower, that can be questioned before an appropriate forum as provided under the provisions of the Kerala Panchayat Raj Act. Since, in our opinion, the said remedy is not only effective but also an efficacious remedy, for the present, we need not have to entertain this writ petition and accordingly it is rejected. However, it is made clear that all the contentions raised in the writ petition are left open. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes