IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 15446 of 2009(A) --------------------------------------- PETITIONER: ------------------- C.S.SAMUEL, SECRETARY GOLDEN RESIDENCY APARTMENT OWNERS ASSOCIATION, GOLDEN RESIDENCY, S.A.ROAD,KADAVANTHRA,KOCHI-16. BY ADV. MR.T.K.VIPINDAS. RESPONDENTS: ------------------------ 1. M/S.DISHNET WIRELESS LTD., R.R ARCHADE, GEETHANJALI BUS STOP, N.H. BYEPASS, THAMMANAM.P.O., VYTTILA, COCHIN-32. REPRESENTED BY ITS AUTHORIZED OFFICER AND MANAGER (ACQUISITION). 2. AIRCEL DISH NET WIRELESS LTD. R.R.ARCHADE, GEETHANJALI BUS STOP, N.H.BYEPASS, THAMMANAM.P.O., VYTTILA COCHIN-32. 3. DR.SAYEESH A.PILLAI, RESIDING AT 404, PANCHAVADI APARTMENTS, AMBELIPADOM ROAD, VYTTILA JANATHA, COCHIN, ERNAKULAM DIST. 4. AYYAPPAN PILLAI, RESIDING AT "EASWARECHA", BELL HEAVEN GARDENS, KOWDIAR, TRIVANDRUM. 5. SOBHANADEVI PILLAI, RESIDING AT "EASWARECHA", BELL HEAVEN GARDENS, KOWDIAR, TRIVANDRUM. 6. CORPORATION OF KOCHI, REP. BY SECRETARY, KOCHI-11. W.P.(C). NO.15446/2009-A: 7. THE ASSISTANT EXECUTIVE ENGINEER, EAST ZONAL OFFICE, CORPORATION OF KOCHI, VYTTILA, ERNAKULAM. R1 BY ADV. MR. V.G. ARUN, R6 & R7 BY ADV. MR. K.ANAND, SC., THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15446 OF 2009 ------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT The petitioner association is stated to be aggrieved by the permit granted to respondents 1 and 2 to install certain equipments in relation to transmission in connection with mobile phone service. The petitioner states that it has filed an appeal before the Tribunal for Local Self Government Institutions and has also filed an application for stay, however, that the Tribunal has posted that matter to 22.6.2009. The petitioner, accordingly, is attempting to persuade this Court to pass interim orders pending consideration of application for interim relief in the appeal pending before the Tribunal. The Tribunal has taken cognizance of the appeal and has listed the matter for consideration. Granting of interlocutory orders involve a certain element of discretion which should be judicial discretion. It would only be improper for this Court to step in at this point of time and grant an interlocutory order touching the matter, particularly when the rights of parties would stand finally WPC.15446/09 Page numbers determined only by the verdict that would be finally rendered by the competent authority; the Tribunal before which the appeal is pending. Hence, no orders can be granted as sought for by the petitioner. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/6.