IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 25135 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. MINI PRABHAKARAN, THAIKATTIL HOUSE,PERAMANGALAM,THRISSUR. 2. RANI MOHANDAS, CHAKKALAPARAMBIL HOUSE,PERAMANGALAM,THRISSUR. 3. CHANDRAN, EDATHARA HOUSE,PERAMANGALAM,THRISSUR. 4. DILEEP, MANGALATHU VEEDU,PERAMANGALAM,THRISSUR. 5. N.D.SHAJAN, NEELAMKAVIL HOUSE,PERAMANGALAM,THRISSUR. 6. JOSE, NEELAMKAVIL HOUSE,PERAMANGALAM,THRISSUR. 7. RAJI, SASTHAMVALAPPIL HOUSE,PERAMANGALAM,THRISSUR. BY ADV. SMT.LAKSHMI RAJAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY DISTRICT COLLECTOR,THRISSUR. 2. THE SECRETARY, KAIPARAMBU PANCHAYATH,KAIPARAMBU,THRISSUR. 3. THE CHAIRMAN, STANDING COMMITTEE,KAIPARAMBU PANCHAYATH, KAIPARAMBU,THRISSUR. 4. RANI JOY,W/O.NEDUMKOVIL JOY, PERAMANGALAM,THRISSUR. WPC.25135/09 2 5. THE MANAGING DIRECTOR, TOWER VISION INDIA (P) LTD.,THRISSUR. R1 BY GOVT. PLEADER SRI.V.MANU R2, R3 BY ADV.SRI.P.C.SASIDHARAN R5 BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.25135/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PERMIT GRANTED BY THE 1ST RESPODNDENT. EXT.P2: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE OBJECTION FILED BY THE PARENT TEACHERS ASSOCIATION SREE DURGA VILASAM HIGH SCHOOL. EXT.P5: TRUE COPY OF THE DECISION TAKEN BY THE 3RD RESPONDENT TO ISSUE STOP MEMO. RESPONDENT'S EXHIBITS: EXT.R5(1): PHOTO COPY OF THE NOTICE DATED 7.8.09 ISSUED BY THE SECRETARY OF THE PANCHAYAT. EXT.R5(2): PHOTO COPY OF THE REPLY GIVEN BY THE 5TH RESPONDENT TO THE SECRTARY OF THE PANCHAYAT. EXT.R5(3): PHOTO COPY OF THE JUDGMENT IN W.P(c).21528/06 DATED 1.2.2007. EXT.R5(4): PHOTO COPY OF THE JUDGMENT IN W.P(C).21226/09 DATED 28.7.09. EXT.R5(5): PHOTO COPY OF THE NOTICE NO.A8 749 ISSUED BY THE SECRETARY OF THE PANCHAYAT ON 22.9.2009. EXT.R5(6): PHOTO COPY OF THE NOTICE NO.A8/749 ISSUED BY THE SECRETARY OF THE PANCHAYAT (SOME OTHER SECRETARY) O 22.9.2009. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25135 OF 2009 & I.A.No.11283 of 2009 ------------------------------------------- Dated this the 20th day of October, 2009 JUDGMENT 1.Petitioners are residents in a locality within the Kaiparambu grama panchayat where the 5th respondent is installing a Base Transceiver Station (Micro Wave Tower). The petitioners, aggrieved by Ext.P1 building permit, made Ext.P2 representation. But faced with the situation that the panchayat secretary had issued Ext.P1, the petitioners sought relief that Ext.P2 may be directed to be considered as an appeal and the standing committee may be directed to consider the same. By an interim order, the standing committee was required to take up that appeal and consider whether any interim order has to be passed. Whatever be the wisdom shown by either the standing committee or the secretary, what ultimately came out is the secretary issuing an order to stop the work stating that the High Court has directed WPC.25135/09 Page numbers to issue such an order. This led to the institution of I.A.11283/09 by the operator. 2.As of now, learned counsel appearing for the panchayat states that though the secretary had issued an order stopping further construction, the standing committee had considered the matter and had put notes directing the stoppage of the construction and it was accordingly, that the orders were issued, though the orders produced along with I.A.No.11283/09 does not reflect these facts. It is also stated that the committee would hear the petitioners and the operator and decide on the matter at the earliest. 3.Recording the aforesaid statements and in view of fact that the construction activity had been stopped, it is ordered that the petitioners and the 5th respondent shall appear before the secretary of the panchayat on 23.10.2009, the secretary shall inform them the date on which the standing committee will hear the parties, which will be a date on or before 31.10.2009. WPC.25135/09 Page numbers Final decision of the standing committee shall be made before 3.11.2009. It is clarified that the 5th respondent will be entitled to place before the committee its objections as to jurisdiction and even maintainability of the appeal before the statutory authority. This writ petition and the I.A. are ordered accordingly. All other issues on merits are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/10.