IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 21317 of 2011(L) -------------------------------------- PETITIONER(S): ---------------------- 1. MUHAMMED RIYAS V.P.K., CONVENOR, ANTE TOWER ACTION COMMITTEE, VELLAPPU, KASARAGOD DISTRICT. 2. HUSSAIN ALI, S/O.MOOSA T.P., POLLAYIL HOUSE, VELLAPPU, THRIKARIPUR, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ------------------------ 1. TRIKARIPUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, TRIKARIPUR, KASARAGOD DISTRICT, PIN 671 310. 2. SECRETARY, TRIKARIPUR GRAMA PANCHAYATH, TRIKARIPUR, KASARAGOD DISTRICT, PIN 671 310. 3. M/S.VIOM NETWORK LIMITED, CHAMBERS 50/953, E2 AND E3, MANIMALA ROAD, EDAPPALLY, KOCHI. PIN - 682 024. R2 BY ADV.SRI.C.P.PEETHAMBARAN R3 BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 21317/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 COPY OF THE APPLICATION FOR PERMIT SUBMITTED BY 3RD RESPONDENT DATED 19.01.2011 BEFORE THE 1ST RESPONDENT PANCHAYATH. EXT.P2 COPY OF THE BUILDING PERMIT DATED 21.02.2011 OBTAINED FROM THE 1ST RESPONDENT PANCHAYATH. EXT. P3 COPY OF RELEVANT PAGES OF DOCUMENT GRANTED PERMIT TO 3RD RESPONDENT BEARING NO. BL.NO.10/LSGD/10-11 DATED 05.02.2011. EXT. P4 COPY OF COMPLAINT SUBMITTED BY THE PEOPLE BEFORE THE RESPONDENT PANCHAYATH. EXT. P5 COPY OF REPORT SUBMITTED BY THE SUB COMMITTEE DATED 30.05.2011 TO 2ND RESPONDENT PANCHAYATH. EXT. P6 COPY OF LETTER ISSUED BY THE PANCHAYATH DATED 3.06.2011 TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS EXT. R3(a) COPY OF THE REPLY GIVEN TO THE PANCHAYATH DATED 30.06.2011. TRUE COPY P.A. TO JUDGE SD HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 21317 of 2011 --------------------------------------- Dated this the 29th day of November 2011. JUDGMENT The first petitioner is the convener of Anti Tower Action Committee at Vellap and 2nd petitioner is a resident of Vellap. The prayer in the writ petition is to declare that Ext.P2 building permit is issued not in accordance with law and the 3rd respondent is not entitled to building permit to construct mobile tower as proposed in Ext.P1and to cancel Ext.P2 building permit forthwith. 2. Petitioners are aggrieved by the issuance of Ext.P2 building permit in favour of the 3rd respondent. According to the petitioners permit was issued in violation of the building rules and therefore, prayed for cancellation of the permit. 3. When the matter was taken up for consideration today, the learned Standing counsel for the respondents 1 and 2 Grama Panchayat, submits that Ext.P6 is issued directing the 3rd respondent as to why W.P.(C) No.21317/2011 2 action shall not be taken for cancelling the permit. Learned Standing counsel also submits that Ext.P6 is only a show cause notice and the matter is under consideration of the 1st and 2nd respondents and that no final order has been passed till date. Ext.R3(a0 is the reply to Ext.P6 submitted by the 3rd respondent. In the circumstances the writ petition is disposed of directing the first respondent to finalise the proceedings pursuant to Ext.P6 within a period of three months from the date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioners and 3rd respondent. HARUN-UL-RASHID JUDGE al W.P.(C) No.21317/2011 3