IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 13718 of 2009(H) -------------------------- PETITIONER: M/S ESSAR TELECOM INFRASTRUCTURE (P)LTD 36/2624, FIRST FLOOR, CHERAMANGALATHU HOUSE, SHENOY ROAD, COCHIN-682 017 REPRESENTED BY ASSISTANT MANAGER (LEGAL & ACQUISITION) MR.BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW RESPONDENTS: 1. THE CIRCLE INSPECTOR OF POLICE, ANGAMALI POLICE STATION, ERNAKULAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION, ERNAKULAM DISTRICT. 3. THAZIM, S/O ABU, VALLINALIL HOUSE, CHENGAMANAD P.O., ERNAKULAM DISTRICT, PIN-683 578. 4. HAMSA, S/O.KOCHALI, KALLINAL HOUSE, CHENGAMANAD P.O., ERNAKULAM DISTRICT, PIN-683 578. 5. KHALID, S/O.NETHIN PILLA, KALLINAL HOUSE, CHENGAMANAD P.O., ERNAKULAM DISTRICT, PIN-683 578. WP(C) 13718/2009 :2: 6. KARIM, S/O.HYDROSE, KALLINAL HOUSE, CHENGAMANAD P.O., ERNAKULAM DISTRICT, PIN 683 578. 7. THE CHENGAMANAD GRAMA PANCHAYAT, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.CHANDRASEKHAR FOR R3-6 GOVT PLEDER SRI. PA. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 13718/2009 :2: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF PERMIT ISSUED TO THE PETITIOER BY CHENGAMANAD GRAMA PANCHAYAT DATED 26.3.2009. EXT.P2 PHOTOCOPY OF THE NOC ISSUED BY THE AIRPORT AUTHORITY OF INDIA DATED 30.1.2009. EXT.P3 PHOTOCOPY OF THE REPRESENTATION AND THE RECE9IPT DATED 22.4.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4 PHOTOCOPY OF THE INTERIM ORDER DATED 5.5.2009 IN W.P.(C) NO. 13130/2009 OF THIS COURT. RESPONDENTS' EXHIBITS: EXTPR4(a) LISIT OF THE HOUSES NEAR TO THE PROPOSED TELECOMMUNICATION TOWER . EXT.R4(b) TRUE COPY OF PHOTOGRAPHS SHOWING THE BUILDING ON WHICH THE TOWER IS SOUGHT TO BE CONSTRUCTED BY THE PETITIONER. EXT.R4(c) TRUE COPY OF COMPLAINT DATED 21.4.2009 OF THE LOCAL RESIDENTS TO THE SECRETARY, CHENGAMANAD GRAMA PANCHAYAT. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 13718 OF 2009 = = = = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. No protection can be afforded since the construction itself is stayed by the Panchayat. Hence petitioner will have to work out his remedies against the order staying further construction issued by the Panchayat and thereafter, in the absence of any interlocutory orders he may move afresh. Without prejudice to such right of the petitioner, this writ petition is dismissed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-