IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 10422 of 2008(N) ------------------------------------------ PETITIONER: ------------------- VODAFONE ESSAR CELLULAR LIMITED FORMERLY KNOWN AS HUTCHISON ESSAR CELLULAR LTD.XL-5115, ASHIS BUILDING, SHANMUGAM ROAD, COCHIN-682031, REP. BY ITS MANAGER-LEGAL, RAJESH MELETH VEETTIL. BY ADV. SRI.P.SATHISAN RESPONDENTS: ------------------------- * (1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 2. THE STATION HOUSE OFFICER, KUTHIYATHOD POLICE STATION, ALAPPUZHA DISTRICT.) - ADDRESS CORRECTED: *1. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 2. THE STATION HOUSE OFFICER, KARUVARAKUNDU POLICE STATION, MALAPPURAM DISTRICT. *ADDRESS OF R1 AND R2 IS CORRECTED AS PER ORDER DTD. 1/04/08 IN I.A.NO.4624/08. 3. VELAYUDHAN, S/O. NATI, KIZHAKKUMPURATH, IRINGATTERY POST,KARUVARAKUNDU, MALAPPURAM DISTRICT. 4. RASHEED, S/O. ALAVI, KIZHAKKUMPURATH, IRINGATTERY POST,KARUVARAKUNDU, MALAPPURAM DISTRICT. 5. SECRETARY, KARUVARAKUNDU VILLAGE, ERANAD-NILAMBUR TALUK, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL BY ADV. SRI.N.NAGARESH - R3 & R4 SRI.M.M.ABDUL AZIZ (SR.) - R5 SRI.M.A.ABDUL HAKHIM - R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.10422/2008 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT DTD. 04/08/2007 ISSUED BY THE KARUVARAKKUNDU GRAMA PANCHAYAT TO THE PETITIONER. EXT.P2: COPY OF THE COMPLAINT DTD. 10/01/2008 FILED BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE ACKNOWLEDGEMENT OF THE COMPLAINT DTD. 10/01/08. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE MASS PETITION DTD. NIL, SUBMITTED TO THE DISTRICT COLLECTOR. EXT.R3(B): EXTRACT OF THE MASS PETITION DTD. 18/09/2007 SUBMITTED TO THE DISTRICT POLICE SUPERINTENDENT. EXT.R3(C): COPY OF THE MADHYAMAM NEWS PAPER REPORT DTD. 10/09/2007. EXT.R3(D): COPY OF MALAYALA MANORAMA NEWSPAPER REPORT DTD. 18/09/2007. EXT.R3(E): COPY OF MADHYAMAM NEWSPAPER REPORT DTD.25/08/2007 CONTAINING WHO INSTRUCTIONS. EXT.R3(F): COPY OF MADHYAMAM NEWS PAPER REPORT DTD. 29/10/2007. /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 10422 OF 2008 ============================ DATED THIS THE 27TH DAY OF MAY 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court seeking police protection to erect a mobile cellular communication tower on the strength of Ext.P1 building permit granted by the Karuvarakundu Grama Panchayat. Subsequently, the Panchayath, on receiving complaints from the local people, has issued stop memo to the petitioner against proceeding with the construction. In view of the subsequent developments, no protection can be granted to the petitioner at present. Accordingly, the writ petition is closed without prejudice to the contention of the petitioner and its right to approach this Court again, if cause of action arises in future. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks.