IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 33050 of 2008(H) -------------------------------------- PETITIONER(S): ---------------------- VODAFONE ESSAR, CELLULAR LTD., FORMERLY KNOWN AS HUTCHISON ESSAR CELLULAR LTD. ASHISH BUILDING, COCHIN-31 REP. BY ITS SENIOR MANAGER-LEGAL, RAJESH, MELETH VEETTIL, AGED 36 YEARS, S/O.RAGHAVAN MELETHVEETTIL BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------- 1. KOCHI CORPORATION REP. BY ITS SECRETARY ERNAKULAM, KOCHI-682011. 2. SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA, ADV. S. RAMESH BABU SC ADV. SRI.PRAVEEN K. JOY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33050 of 2008(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO LANDLORDS. EXT.P2 - TRUE COPY OF THE NOC DATED 21.11.2005 ISSUED FROM SOUTHERN NAVAL COMMAND. EXT.P3 - TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT TO LAND OWNERS. EXT.P4 - TRUE COPY OF THE LETTER ISSUED BY 1ST RESPONDENT TO PETITIONER. EXT.P5 - TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONER BEFORE TRIBUNAL FOR LOCAL SELF GOVT. EXT.P6 - TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE 1ST RESPONDENT. EXT.P7 - TRUE COPY OF THE ORDER OF TRIBUNAL FOR LOCAL SELF GOVT. EXT.P8 - TRUE COPY OF THE NOTICE DATED 31.05.2008 ISSUED TO PETITIONER KRKP1- 1818/05. EXT.P8(a) - TRUE COPY OF THE ENVELOP ADDRESSED TO PETITIONER. RESPONDENTS' EXHIBITS: EXT.R1(a) - TRUE PHOTOSTAT COPY OF THE REJECTION ORDER DATED 9.7.07. EXT.R1(b) - TRUE PHOTOSTATE COPY OF APPLICATION FOR REGULARISATION DATED 27.6.2007 SUBMITTED BY PETITIONER. EXT.R1(c) - TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 11.6.2008 OF THE LANDLORD VALSAN.P.KURIAN. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 33050 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2009 J U D G M E N T The petitioner is a company engaged in the business of telecommunication through mobile phones. For the purpose of that business, they have constructed a telecommunication tower in the property belonging to one Dr. Valsan. P. Kurian and Gracy Valsan Kurian. In respect of the permit for construction, there was a dispute between the petitioner and the local authority which has resulted in Ext.P5 order of the Tribunal for Local Self Government Institutions. The present dispute now is as to whether the application for regularisation of construction submitted by the petitioner has been disposed of or not. I am not inclined to go into the controversy at present, since the only dispute is as to disposal of application for regularisation. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall file a fresh application for regularisation along with all documents in support of the same within a period of two weeks from today, which shall be disposed of by the 2nd respondent, as expeditiously as possible, at any rate, within one month from the date of W.P(C)No. 33050 of 2008 - 2 - receipt of a copy of the application. Till orders and passed on the application, no coercive proceedings shall be taken for demolition of the tower. The petitioner shall also be afforded an opportunity of being heard before orders are passed on the application. S.SIRI JAGAN, JUDGE rhs