IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 36504 of 2010(K) ----------------------------------------- PETITIONER(S): ------------------------ SHAJI MATHEW, S/O.MATHEW, PALATHARA HOUSE, THURUTHY.P.O., CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEW SRI.JOHNSON K.KURIEN RESPONDENT(S): ---------------------------- 1. THE S.I OF POLICE, KURATHIKAD POLICE STATION, ALAPPUZHA DISTRICT. PIN-688 001. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. PIN-688 001. 3. THAZHAKKARA GRAMA PANCHAYAT, THAZHAKKARA, ALAPPUZHA DISTRICT. REPRESENTED BY ITS SECRETARY. PIN-690 101. 4. P.O.PHILIP, CIBIN VILLA, THAZHAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. PIN-690 101. 5. RAMACHANDRAN NAIR, ELLATHUTHAKADIYAL HOUSE, VETTIYAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. PIN-690 557. 6. ROSAMMA BABU, PEEDIKAVADAKKETHIL HOUSE, VETTIYAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. PIN-690 557. sts 2/- -2- WP(C)NO.36504/2010 7. VARGHESE VARGHESE, PEEDIKAVADAKKETHIL HOUSE, NOORANADU, ALAPPUZHA DISTRICT. PIN-690 504. 8. PONNAMMA RAJACHEN, PEEDIKAVADAKKETHIL HOUSE, VETTIYAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. PIN-690 557. 9. VASU PILLAI, APPINETHU HOUSE, VETTIYAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. PIN-650 557. 10. SREEDHARAN, APPINETHU HOUSE, VETTIYAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. PIN-650 557. 11. WILSON JOY,PEEDIKAVADAKKETHIL HOUSE, VETTIYAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. PIN-650 557. 12. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-17, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 13. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 14. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1 & R2, R13 BY GOVERNMENT PLEADER SMT.JOSEPHINA R3 BY ADV. SRI.RASHEED C.NOORANAD R5 TO R10 BY ADV. SRI.K.SASIKUMAR R14 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.36504/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.1416/10 DATED 15/10/2010 ISSUED BY THE 3RD RESPONDENT TO THE 12TH RESPONDENT. P2 COPY OF THE REPRESENTATION DATED 23/11/10 SUBMITTED BEFORE THE FIRST RESPONDENT. P3 COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE SHOW CAUSE NOTICE DATED 20/12/2010. R3(B) COPY OF THE ORDER DATED 12/01/2011. R3(C) COPY OF THE CERTIFICATE DATED 13/01/2011. /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.36504 of 2010 ------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. It is submitted by the counsel for the petitioner that the building permit on the strength of which the petitioner wanted to construct the tower, was cancelled and the same is challenged before the Tribunal for Local Self Government Institutions by way of appeal No.101 of 2011. In view of the above submissions, we close this writ petition without examining the merits of the grounds by giving liberty to the petitioner to move again, once the appeal pending before the Tribunal is disposed of. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/