IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 19836 of 2010(D) -------------------------- PETITIONER(S): --------------- C.R.JOSEPH, S/O. ROBERT, AGED 47 YEARS, CHINGANTARA HOUSE, KOTTUVALLY, N.PARUR, ERNAKULAM DISTRICT. BY ADV. SRI.T.X.SHAM JOSEPH SRI.T.A.SHAJI SMT.SANDHYAVENI RESPONDENT(S): --------------- 1. M/S. INDUS TOWERS LTD., VANKARATH TOWERS, NH BYEPASS, PALARIVATTOM, KOCHI-682024. REPRESENTED BY ITS MANAGING DIRECTOR. 2. KOTTUVALLY GRAMA PANCHAYATH, VALLUVALLY KOONAMMAVU.P.O., ERNAKULAM REPRESENTED BY SECRETARY. ADV. SRI.A.KUMAR FOR R1 SRI.BABU KARUKAPADATH FOR R2 SMT.M.A.VAHEEDA BABU FOR R2 SRI.JAGAN GEORGE FOR R2 SRI.K.A.NOUSHAD FOR R2 SRI.P.G.PRAMOD FOR R2 SRI.KANDAMPULLY RAHUL FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.19836/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTO COPY OF THE PERMIT DATED 27.1.2010 EXT.P2. TRUE PHOTO COPY OF THE MASS PETITION. EXT.P2(a). TRUE TRANSLATION OF EXT.P2. EXT.P3. TRUE PHOTO COPY OF THE NOTICE DATED 25.2.2010. EXT.P3(a) TRUE TRANSLATION OF EXT.P3. EXT.P4. TRUE PHOTO COPY OF THE NOTICE EXT.P4(a) TRUE TRANSLATION OF EXT.P4. EXT.P5. TRUE PHOTO COPY OF THE MINUTES DATED 26.4.2010 EXT.P5(a) TRUE TRANSLATION OF EXT.P5. EXT.P6. TRUE PHOTO COPY OF THE COVERING LETTER OF MINUTES DATED 20.5.2010 EXT.P6(a) TRUE TRANSLATION OF EXT.P6. EXT.P7. TRUE PHOTO COPY OF THE STAY ORDER DATED 16.3.2010 EXT.P8. TRUE PHOTO COPY OF THE NOTICE DATED 12.4.2010 EXT.P8(a). TRUE TRANSLATION OF EXT.P8. EXT.P9. TRUE PHOTO COPY OF THE DECISION DATED 26.4.2010 EXT.P9(a) TRUE TRANSLATION OF EXT.P9. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE ORDER DATED 17.4.2010 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO.243/10. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.19836 of 2010 ----------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT Ext.P7 order of stay passed by the Tribunal for Local Self Government Institutions on an appeal filed by the first respondent is under challenge in this writ petition. The brief facts of the case are as follows. 2. The first respondent applied for and obtained Ext.P1 building permit dated 27.1.2010 for construction of a mobile base transceiver station. It appears the petitioner and others objected to the said construction and submitted Ext.P2 representation. The Committee of the Panchayat considered the said representation and passed a resolution dated 25.2.2010 whereby the Committee resolved to direct the first respondent to stop the construction. The first respondent thereupon filed Appeal No.243 of 2010 before the Local Self Government Institutions. By Ext.P7 order passed on 16.3.2010 the Tribunal stayed the operation of the impugned order. Ext.P7 is under challenge in this writ petition. The first respondent has filed a counter affidavit wherein it is stated that W.P(C).No.19836 of 2010 -:2:- long before this writ petition was filed, by Ext.R1(a) order passed on 17.4.2010 the Tribunal allowed the appeal after hearing the second respondent Panchayat, which had issued Ext.P3 stop memo. It is however, stated that in view of the interim order passed in this writ petition the first respondent has not yet commenced the construction. Though the petitioner has filed I.A.No.16151 of 2010 to amend the writ petition he has not sought to have the final order in appeal, Ext.R1 (a), set aside. 3. From the materials now on record it is evident that Ext.P7 interim order is no longer in force and that the appeal filed by the first respondent challenging Ext.P3 stop memo has been allowed by Ext.R1 (a) order passed on 17.4.2010. In such circumstances it has to be necessarily held that the writ petition has become infructous. If the petitioner is aggrieved by Ext.R1(a) order passed by the Tribunal it is for him to challenge the same in other appropriate proceedings. Without prejudice to that right, this writ petition is dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.19836 of 2010 ---------------------------- JUDGMENT 22nd November, 2010