IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 42 of 2008(E) --------------------------- PETITIONER: -------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P)LTD, 41/256, C-19, SECOND FLOOR, MATHER SQUARE, OPP. NORTH RAILWAY STATION, COCHIN-682018, REPRESENTED BY EXECUTIVE (SITE ACQUISITIONS & ADMINISTRATION), MR.RAHUL DAS. BY MR.SANTHOSH MATHEW, ADVOCATE. MR.SATHISH NINAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE SECRETARY, SHORNUR MUNICIPALITY, SHORNUR. 2. THE CHAIRPERSON, SHORNUR MUNICIPAL COUNCIL, SHORNUR. 3. THE SUB INSPECTOR OF POLICE, SHORNUR. 4. SRI.K.VIDHYADHARAN, S/O. LATE KUTTIKRISHNAN NAIR, KALATHINGAL HOUSE, MUNDAYA, SHORNUR. 5. T. MURALEEDHARAN, COUNCILOR OF WARD NO.XXI, SHORNUR MUNICIPALITY, SHORNUR. BY MR.E.R.VENKATESWARAN, ADVOCATE, FOR R4. MR.R.SREEHARI, ADVOCATE, FOR R4. MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.42 OF 2008 --------------------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner is a Company which had set up, as on the date of filing of the writ petition, 200 Mobile Telecommunication Towers at various places throughout the State of Kerala. For improving the coverage in the Shornur area in Palakkad District, the petitioner submitted an application for putting up a telecommunication tower there and the Secretary of the Municipality issued building permit to the petitioner as per Exhibit P1. 2. When the petitioner started the construction of the tower, the 4th respondent and 112 others filed an appeal before the Municipal Council which prompted the Secretary of the Municipality to issue Exhibit P3 stop memo. The petitioner filed W.P.(C) No.26482/2007 challenging the stop memo which was allowed by this Court with liberty to the respondents therein to file an appeal before the Tribunal for Local Self Government W.P.(C) No.42/2008 2 Institutions against Exhibit P1 herein. Subsequently, the 4th respondent filed an appeal before the Tribunal as Appeal No.445/2007. In the meantime, the work of the Telecommunication Tower has been completed also. 3. It is pointed out in the writ petition itself that the petitioner thereafter filed an application Exhibit P5 for issuance of Use Certificate and Exhibit P6 is the copy of the Stability Certificate. Some miscreants, on 28.12.2007, blocked the site of the Tower and thereafter Exhibit P7 stop memo was issued by the Secretary stating that the working of the Tower will be stopped till the matter is disposed of by the Tribunal. Against the same, this writ petition was filed. 4. On 01.01.2008, this Court by an interim order issued a direction to the respondents 1 to 5 to permit the petitioner to allow the functioning of the petitioner's telecommunication tower subject to any order which may be passed either by this Court or by the Tribunal for Local Self Government Institutions. Learned counsel for the petitioner made available the order passed by the Tribunal in Appeal No.445/2007. The appeal was dismissed as W.P.(C) No.42/2008 3 per order dated 07.02.2008. 5. Heard the learned counsel for the 4th respondent also. Evidently, the order passed by the Tribunal is not under challenge in any proceedings. In that view of the matter, Exhibit P7 is quashed. The Municipality will consider the application for issuance of Use Certificate namely, Exhibit P5 and issue appropriate Certificate to the petitioner within a period of three weeks from the date of production of a copy of this judgment. Till then the interim order passed by this Court will continue. This writ petition is allowed. T.R. RAMACHANDRAN NAIR JUDGE smp