IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 19002 of 2011(A) -------------------------------------- PETITIONER: ------------------- VODAFONE ESSAR CELLULAR LIMITED, FORMERLY KNOWN AS HUTCHISON ESSAR CELLULAR LTD. XL-5115, ASHIS BUILDING, SHANMUGHAM ROAD, COCHIN - 682 031, REP. BY ITS DGM-LEGAL, RAJESH MELETH VEETIL. BY ADV. SRI.P.SATHISAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, IDUKKI DISTRICT – 685 603. 3. VANNAPURAM GRAMA PANCHAYATH, IDUKKI – 685 582, REPRESENTED BY ITS SECRETARY. 4. VILLAGE OFFICER, VANNAPURAM VILLAGE, IDUKKI DISTRICT – 685 582. 5. MATHAI KURIAKOSE, CHEMBOTHINAL, VANNAPURAM VILLAGE, IDUKKI DISTRICT – 685 582. *ADDITIONAL 6TH RESPONDENT IMPLEADED: 6. DISTRICT COLLECTOR, IDUKKI. *IS SUO MOTU IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 13/07/2011 IN W.P.(C). R1, R2, R4 & ADDL.R6 BY GOVT. PLEADER SRI. M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19002/2011-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENSE AGREEMENT DTD. 03/04/2002. EXT.P.2: COPY OF THE BUILDING PERMIT DTD. 16/01/2007. EXT.P.3: COPY OF THE POSSESSION CERTIFICATE DTD. 07/08/2007. EXT.P.4: COPY OF THE PATTA NO. 301/95. EXT.P.5: COPY OF THE LAND TAX RECEIPT DTD. 27/04/2006. EXT.P.6: COPY OF THE JUDGMENT IN O.S. NO. 77/1970. EXT.P.7: COPY OF THE ORDER DTD. 24/06/2011 ISSUED BY R.2. EXT.P.8: COPY OF THE APPEAL FILED BEFORE DISTRICT COLLECTOR, IDUKKI DTD. 12/07/11. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19002 OF 2011 ----------------------------------------------------- Dated this the 13th day of July, 2011 J U D G M E N T Petitioner is a Company engaged in the business of providing mobile cellular service in the State of Kerala. As part of its business, among other places, at Vannappuram Village, Idukki District, petitioner erected a mobile tower. By Ext.P7 notice issued by the 2nd respondent, they were directed to remove the tower on the allegation that it was constructed in the encroached land. This order according to the petitioner was passed without notice or hearing them. Aggrieved by Ext.P7 petitioner filed Ext.P8 appeal under S.16 of the Kerala Land Conservancy Act. The appeal is pending consideration before the Additional 6th respondent. Petitioner apprehends that during the pendency of the appeal, the 2nd respondent will take steps for the implementation of Ext.P7 order. In this back ground the writ petition has been filed. W.P.(C) No. 19002 OF 2011 :2 : 2. Although the petitioner has several contentions on the merits regarding the validity of Ext.P7 order, having regard to the fact that Ext.P8 appeal is pending, at this stage it is unnecessary for this court to examine those contentions. Therefore the writ petition itself is disposed of with the following directions. 3. The additional 6th respondent shall consider Ext.P8 appeal with notice to the petitioner and as expeditiously as possible at any rate within 8 weeks from the date of receipt of a copy of this judgment. It is directed that in the meanwhile all further proceedings pursuant to Ext.P7 will stand stayed. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before respondents 2 and 6 concerned for compliance. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge