IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 34889 of 2010(I) -------------------------- PETITIONER(S): ---------------------- 1. HAMZA K.P., KUZHICHAL PARAMBATH, PATHIYARAKKARA DESOM, P.O.MANIYOOR, BADAGARA VIA., KOZHIKODE DISTRICT. 2. N.HAMEED, OATTOTHKANDI HOUSE, PATHIYARAKKARA, MANIYOOR, BADAGARA VIA., KOZHIKODE DISTRICT. 3. ASHOKAN O.K., OATTOTHKANDI HOUSE, PATHIYARAKKARA, MANIYOOR, BADAGARA VIA., KOZHIKODE DISTRICT. 4. N.AMMAD, PARAKANDI, MANIYOOR, BADAGARA VIA., KOZHIKODE DISTRICT. 5. O.K.NARAYANAN, OATTOTHKANDIYIL HOUSE, PATHIYARAKKARA, MANIYOOR, BADAGARA VIA., KOZHIKODE DISTRICT. 6. M.P.K.ABOOBACKER, S/O.ABDULRAHIMAN, MEETHALE PULOLLKANDI, MANIYOOR, BADAGARA VIA., KOZHIKODE DISTRICT. BY ADVS. SRI.DEEPU THANKAN SMT.G.RANJITA RESPONDENT(S): ------------------------ 1. MANIYOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT - 673 111. 2. THE SUB DIVISIONAL ENGINEER, BHARAT SANCHAR NIGAM LIMITED (BSNL), BSS-II, CALICUT-673032. 3. THE PRESIDENT, MANIYOOR GRAMA PANCHAYATH, KOZHIKODE DISTRICT - 673111. R2 BY ADV. SRI.P.J.PHILIP, C.G.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 34889 of 2010(I) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ---------------------------------- EXT.P1. COPY OF BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 25.5.2010. EXT.P2. COPY OF THE REPRESENTATION DATED 9.6.2010. EXT.P3. COPY OF THE CIRCULAR OF THE GOVT. DATED 10.8.2010. EXT.P4. COPY OF REPRESENTATION SUBMITTED ON 4.11.2010 BY THE PETITIONERS TO THE 1ST RESPONDENT. EXT.P5. COPY OF THE NEWS REPORT APPEARED IN MADHYAMAM DAILY ON 2.11.2010. RESPONDENT'S EXHIBITS ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 34889 of 2010 --------------------------------------- Dated this the 21st day of October 2011. JUDGMENT The writ petition is filed for a direction directing the respondents 1 to 3 to take appropriate action against 2nd respondent as they have started the construction of the telecommunication tower without obtaining the necessary licence under Section 233 of the Kerala Panchayat Raj Act and for a direction to the first respondent Panchayat to consider Ext.P4 representation and to take appropriate action in terms of Ext.P3 and for other incidental reliefs. 2. When the matter was taken up for consideration today, learned counsel for the petitioner submits that Ext.P4 representation is pending consideration before the first respondent and requests this Court to issue a direction to the first respondent to consider and dispose of Ext.P4 representation within a time frame. 3. Accordingly, the writ petition is disposed of directing the Secretary of the Panchayat to consider and pass appropriate orders, as expeditiously as possible, at any rate, within 3 months from the W.P.(C) No.34889/2010 2 date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioner and second respondent. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al