IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 27788 of 2008(G) ------------------------------------- PETITIONER: ------------------- M/S. INDIA TELECOM INFRA LTD., 'MEENA MADHAVAM', OPP. BHAVANS VIDYA MANDIR, DESHABHIMANI ROAD, ELAMAKKARA.P.O, ERNAKULAM-26, REPRESENTED BY ITS CIRCLE HEAD SRI. SUNIL MENON. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ---------------------- KALANJOOR GRAMA PANCHAYATH, KALANJOOR.P.O, PATHANAMTHITTA DISTRICT. PIN - 689 694, REPRESENTED BY ITS SECRETARY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.27788 of 2008 ================== Dated this the 18th day of September, 2008. J U D G M E N T The petitioner is aggrieved by Ext.P3 stop memo issued by the respondent Panchayat, whereby the petitioner has been interdicted from continuing construction of a telecommunication tower which was being constructed in accordance with Ext.P1 building permit, issued by the Panchayat, pursuant to complaints registered by the people of the locality where the construction is being carried out. The petitioner's contention is that in view of the decision of this court in Reliance Infocomm v Chemancherry Grama Panchayat [2006(4) KLT 695], the action of the respondent is unsustainable. 2. I have heard the learned Counsel for the petitioner. I am not inclined to consider the matter on merits at this stage, since Ext.P3 is only a stop memo. But after having issued a stop memo, the respondent has a duty to pass final orders in the matter expeditiously. Accordingly, this writ petition is disposed of with a direction to the respondent to pass final orders pursuant to Ext.P3, after hearing all parties concerned, as W.P(C)No.27788 of 2008 - 2 - expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. In the meanwhile, the petitioner shall be permitted to continue construction as per Ext.P1 subject to final orders to be passed as directed above. However, the tower shall not be energized till final orders are passed pursuant to Ext.P3. S.SIRI JAGAN, JUDGE rhs