IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 613 of 2006(W) ------------------------------------ PETITIONER: ------------------- GENERAL MANAGER, B.S.N.L, ALAPPUZHA. BY ADV. SRI.C.S.RAMANATHAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, INDUSTRIES (F) DEPARTMENT, KERALA SECRETARIAT, TRIVANDRUM. 3. SECRETARY, MINISTRY OF REVENUE, SECRETARIAT, TRIVANDRUM. 4. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ALAPPUZHA. GOVT. PLEADER SRI. NOBLE AMTHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.613/2006-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION SUBMITTED ALONG WITH THE AGREEMENT. EXT.P.2: COPY OF THE LETTER DTD. 23/12/93 FROM THE PETITIONER. EXT.P.3: COPY OF THE LETTER DTD. 28/01/94 OF THE R.4. EXT.P.4: COPY OF THE CHALLAN. EXT.P.5: COPY OF THE LETTER DTD. 17/02/94 OF THE PETITIONER. EXT.P.6: COPY OF THE LETTER DTD. 22/02/94 ADDRESSED TO THE R.3. EXT.P.7: COPY OF THE LETTER DTD. 03/08/94 OF THE PETITIONER TO THE R.4. EXT.P.8: COPY OF THE LETTER DTD. 09/12/94 OF THE R.4. EXT.P.9: COVERING LETTER DTD. 07/01/95 FORWARDING THE DOCUMENTS. EXT.P.10: COPY OF THE LETTER DTD. 28/06/96. EXT.P.11: COPY OF THE LETTER DTD. 21/01/2005. EXT.P.12: COPY OF THE LETTER DTD. 30/09/2004. EXT.P.13: COPY OF THE ORDER DTD. 28/12/2004. EXT.P.14: COPY OF THE APPEAL MEMORANDUM DTD. 17/02/2005. EXT.P.15: COPY OF THE LETTER DTD. 26/07/2005. EXT.P.16: COPY OF THE LETTER DTD. 30/07/2005. EXT.P.17: COPY OF THE LETTER DTD. 30/07/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.613 OF 2006 --------------------------------------- Dated this the 5th day of November, 2008. J U D G M E N T Petitioner BSNL is aggrieved since they have been directed to surrender vacant possession of the land given to them for construction of Telephone Exchange at Aroor. It is seen from Exhibits P15 and P17 communications that only because of BSNL did not take steps to set up Exchange, steps have taken by the Government as per the impugned orders. The contention of the petitioner is that unless the land is assigned to BSNL, BSNL will not be in a position to set up the Exchange. 2. On 15.10.2008, this Court passed an interim order to the effect that in case no counter affidavit is filed within two weeks, it would be taken that the respondents have no objection in allowing the writ petition. There is no counter affidavit. Prayer (C) in this writ petition reads as follows: “To issue a writ of mandamus, or any other writ, order or direction directing the 1st respondent to constitute a committee chaired by the 1st respondent to decide the dispute between the petitioner and 2nd and 4th respondent”. W.P.(C) No.613/06 2 Accordingly, this writ petition is disposed of directing the first respondent to constitute a Committee headed by the first respondent to go into the dispute referred to in the writ petition. This shall be done within a period of two months from the date of receipt of a copy of this judgment along with copy of the writ petition. Thereafter, the matter shall be duly considered by the said Committee and required orders thereon shall be passed, ignoring the orders already passed, within another three months. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.613/06 3 KURIAN JOSEPH, J. W.P.(C) No. 613 OF 2006 J U D G M E N T 05.11.2008