IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 25506 of 2011(K) ----------------------------------------- PETITIONER(S): ------------------------ SHAJI MATHEW, PARTNER, PALATHRA CONSTRUCTIONS, CHANGANACHERRY, RESIDING AT PALATHRA HOUSE, THURUTHY P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ---------------------------- 1. THE S.I OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT-691 506. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. KOTTARAKKARA GRAMA PANCHAYAT, KOTTARAKKARA P.O., KOLLAM DISTRICT-691 506, REPRESENTED BY ITS SECRETARY. 4. GEORGEKUTTY, S/O.MATHAI, PUTHENVETTIL HOUSE, KIZHAKKETHERUVU P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 542. 5. M.K.SHAJI, S/O.GEEVARGHESE KUNJOOJU, MANVILA HOUSE, KIZHAKKETHERUVU P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 542. 6. AJAYAN, S/O.JANARDANAN, PULIMOOTIL THIRUVATHIRA HOUSE, KIZHAKKETHERUVU P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 542. 7. P.JOY, S/O.PAPPI, THEKKEPUTHENVEEDU HOUSE, KIZHAKKETHERUVU P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 542. 2/- -2- WP(C)NO.25506/2011 8. C.K.MANI, THUDUVILA HOUSE, KIZHAKKETHERUVU P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 542. 9. JOSE GEORGE, S/O.GEORGE, ELLUVILA MELETHIL HOUSE, KIZHAKKETHERUVU P.O., KOTTARAKKARA KOLLAM DISTRICT-691 542. 10. THANKACHAN, S/O.KORITH, NEELAMVILA HOUSE,KIZHAKKETHERUVU P.O.,KOTTARAKKARA KOLLAM DISTRICT-691 542. 11. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 12. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 13. 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, R12 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R3 BY ADV.SRI.T.M.ABDUL LATHEEF R5 TO R10 BY ADV.SRI.ALEXANDER GEORGE R13 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25506/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.65/11-12 DATED 08/07/2011 ISSUED BY THE 3RD RESPONDENT PANCHAYAT. P2 COPY OF THE REPRESENTATION DATED 21/09/2011 SUBMITTED BEFORE THE FIRST RESPONDENT. P3 COPY OF THE RECEIPT DATED 21/09/2011 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 25506 of 2011 ----------------------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T Pius C.Kuriakose, J. It is submitted by Mr. Lathiff, counsel appearing for the Panchayat that though it is true that the Panchayat had issued a building permit for the construction of the proposed tower the Panchayat has subsequently issued a stop memo and the stop memo issued by the Panchayat against the construction is in currency. A copy of the stop memo and the resolution of the Panchayat, on the basis of which the stop memo was issued, is placed before us. Under such circumstance we close this writ petition however, giving liberty to the petitioner to seek revival once the stop memo issued by the Panchayat is lifted. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-