IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 35976 of 2010(V) -------------------------------------- PETITIONER: ------------------- ABOOBACKER.K, S/O. MOHAMMED KUTTY HAJI, PERISSERY HOUSE, PANTHIRANKAVU.P.O, KOZHIKODE - 673 019. BY ADV. SRI.G.BHAGAVAT SINGH. RESPONDENTS: ------------------------ 1. PERUMANNA GRAMA PANCHAYATH, PERUMANNA.P.O, KOZHIKODE - 673 026. REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PERUMANNA GRAMA PANCHAYATH, PERUMANNA.P.O, KOZHIKODE - 673 026. 3. THE MANAGING DIRECTOR, M/S. GTL INFRASTRUCTURE LTD., DOOR NO.40/9643, PRABHU TOWER, IST FLOOR, OPP. CHENNAI SILK, M.G. ROAD, NORTH ERNAKULAM, KERALA - 682 053. R1 & R2 BY ADV. SRI.P.V.KUNHIKRISHNAN, R3 BY ADVS. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35976/2010-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 24/08/2010 FILED BY THE RESIDENTS BEFORE THE R.2. EXT.P.2: COPY OF THE PERMIT DTD. 08/11/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P.3: COPY OF THE REPRESENTATION FILED BY THE “COMMITTEE” BEFORE THE R.2. DT. 19/11/2010. EXT.P.4: COPY OF THE NOTICE ISSUED BY THE R.2. TO THE R.3. DT. 29/11/2010. EXT.P.5: COPY OF THE ORDER DTD.07/12/10 PASSED BY THE TRIBUNAL FOR LSG'S IN I.A. NO. 1432/10 IN APPEAL NO. 1046/10. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35976 OF 2010 -------------------------- Dated this the 23rd day of December, 2010 J U D G M E N T The petitioner is a resident of Perumanna Grama Panchayat. On a complaint filed by the petitioner and other residents of the locality, the Secretary of the Perumanna Grama Panchayat issued Ext.P4 notice directing the third respondent to stop the construction of a mobile tower for which Ext.P2 building permit had been issued. Aggrieved thereby, the third respondent moved the Tribunal for Local Self Government Institutions by filing Appeal No.1046 of 2010. Along with that appeal, the third respondent moved an application for stay of the impugned order. By Ext.P5 order passed on 7.12.2010, the Tribunal stayed the operation of the impugned notice. Ext.P5 is under challenge in this writ petition. 2. From the pleadings and the materials on record, it is evident that the challenge in this writ petition is to the interim order passed by the Tribunal for Local Self Government Institutions on an appeal filed by the third respondent. In that appeal the order challenged is a stop memo issued by the local authority. In my opinion if pending the appeal the operation of the stop memo is stayed, the appellant will be in a position to complete the construction and energise the tower. I am therefore of the opinion that the third respondent should not proceed with the construction of the tower till the appeal is heard and disposed of by the Tribunal. WPC No.35976/2010 2 Ext.P5 order passed by the Tribunal cannot therefore be sustained. The interests of the third respondent can be safeguarded by directing the Tribunal to hear and dispose of the appeal expeditiously. In the result, I dispose of this writ petition with a direction to the Tribunal for Local Self Government Institutions to hear and dispose of Appeal No. 1046 of 2010 expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. It will be open to the petitioner to seek impleadment as a respondent in the said appeal. If the petitioner files an application for impleadment within the said period of one month, the Tribunal shall afford the petitioner herein also an opportunity of being heard before passing orders in the appeal. Till such time as orders are passed on the appeal, the third respondent shall not proceed with the construction of the tower. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, (JUDGE) vps WPC No.35976/2010 3 WPC No.35976/2010 4