IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16616 of 2008(C) -------------------------- PETITIONER: ---------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P) LTD 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN - 682 017 REPRESENTED BY ASSISTANT MANAGER (SITE ACQUISITIONS & ADMINISTRATION) MR.RAHUL DAS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------------ 1. MALAYATTOOR - NEELESWARAM GRAMA PANCHAYAT, NEELEESWARAM P.O., ERNAKULAM DISTRICT. PIN 683 584, REPRESENTED BY ITS SECRETARY. 2. MALAYATTOOR - NEELESWARAM GRAMA PANCHAYATH COMMITTEE, NEELEESWARAM P.O., ERNAKULAM DISTRICT, PIN 683 584, REPRESENTED BY ITS PRESIDENT. 3. MR.THOMAS, S/O.IYPE, SANKURICKAL HOUSE, KEELAPARA, MALAYATTOOR P.O., ERNAKULAM DISTRICT. 4. MR.STEEPHEN, MEMBER OF MALAYATTOOR - NEELESWARAM GRAMA PANCHAYATH WARD NO.5., NEELEESWARAM P.O., ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 16616 OF 2008 C ==================== Dated this the 4th day of June, 2008 J U D G M E N T Petitioner is aggrieved by Ext.P8. 2. By Ext.P8, on the basis that the petitioner has installed 20 HP Generator without obtaining the permit of the Panchayat, petitioner has been directed to stop functioning of the Generator forthwith. Learned counsel for the petitioner submits that as part of the telecommunication tower for which they have been granted Ext.P1(a) building permit, they had installed the generator set. It is contended by the counsel that in the application they had indicated installation of the diesel generator set and that in terms of the application, building permit was granted to them. It is also pointed out that in terms of Rule 133, the building permit has to be taken as a consolidated one covering both the tower as also the incidental structures. 3. It is also pointed out that the tower and the diesel generator set has been functioning since January 2008 and that if immediate stoppage is implemented, that will affect the connectivity of the cellular service provided for by the petitioner. The petitioner also has a case that WPC 16616/08 :2 : it is apparently at the instance of the landlord, who had terminated the licence and in respect of which arbitration proceedings are pending with an interim order, that the proceedings have been issued. 4. Irrespective of the contentions that are raised, in my view, since the statute itself provides for an effective alternate remedy of appeal, it is for the petitioner to pursue the same. However, if as stated by the petitioner, the generator set and the tower has been functioning since January, 2008, an immediate stoppage of the generator set would certainly affect the connectivity. Therefore, it is ordered that further implementation of Ext.P8 will stand stayed for a period of one month and in the meanwhile petitioner will pursue the matter before appropriate authorities and obtain appropriate interim orders. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp