IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 35476 of 2009(D) ---------------------------------- PETITIONER(S): ------------------- DISHNET WIRELESS LTD.,NO.9419/33/2365, R.R.ARCADE, GEETHANJALI BUS STOP, NH BYPASS, THAMMANAM P.O., VYTTILA, KOZHI-32, REPRESENTED BY ITS AUTHORISED SIGNATORY AND CIRCLE MANAGER LEGAL, V.K.SAJITH. BY ADV. SRI.V.G.ARUN RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, MANJERI, MALAPPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 4. MR.RAGHAVAN NAIR, S/O.KANNAN NAIR, KANNARATHU HOUSE, KARUVAMBARAM, MANJERI,MALAPPURAM DISTRICT. 5. MR.ACHUTHAN NAIR, ELAYAKOVIKALAM HOUSE, NR.PANTHALOOR, KADAMBODU, MANJERI, MALAPPURAM DISTRICT. 6. MR.MOHANDAS, S/O.KANNAN NAIR, CHEKKULATHU HOUSE, WEST-KARUVAMBRAM, MANJERY, MALAPPURAM DISTRICT. R1 TO R3 BY GOVT.PLEADER SRI.V.T.K.MOHANAN R4-6 BY ADV. SRI.P.VIJAYA BHANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 35476/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE LICENSE AGREEMENT DATED 18/12/2006. P2: COPY OF THE BUILDING PERMIT NO.BA-1023/08-09 DATED 26/05/2009. P3: COPY OF THE COMPLAINT DATED 28/07/2009. P4: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 28/07/2009. P5: COPY OF THE SECOND COMPLAINT DATED 07/12/2009. P6: COPY OF THE CHART COMMUNICATION THROUGH ABTS. P7: COPY OF THE CHART SHOWING THE COMPARISON BETWEEN MOBILE BASE STATIONS AND OTHER SOURCES OF RADIO FREQUENCY EMR. P8: COPY OF THE REPORT DATED 06/10/2004. P9: COPY OF THE LETTER DATED 04/11/2008. P10: COPY OF THE REPORT OF THE WORLD HEALTH ORGANISATION DATED MAY, 2006. P11: COPY OF THE INTERIM ORDER DATED 27/03/2009 IN WPC. NO.7494/2009. P12: COPY OF THE JUDGMENT IN WPC. NO.33255/2009 DATED 23/11/2009. P13: COPY OF THE POSSESSION CERTIFICATE ISSUED TO SRI.RAJENDRAN DATED 21/01/2009. P14: COPY OF THE TAX RECEIPT ISSUED IN THE NAME OF SRI.RAJENDRAN DATED 28/05/2010. P15: COPY OF THE INJUNCTION ORDER N O.S.190/2009 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.35476 of 2009 ------------------------------------------- Dated this the 31st March, 2011 JUDGMENT Basant, J. The learned counsel for the respondents points out that in view of the order of the Civil Court against the persons under whom the petitioner claims, the petitioner cannot undertake the proposed construction and in these circumstances, this writ petition is not now maintainable. 2. There is no representation for the petitioner. We assume that the petitioner is not interested in prosecuting this writ petition now. This writ petition is in these circumstances dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/