IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 15609 of 2008(G) ----------------------------------------- PETITIONER: ------------------- M/S. ESSAR TELECOM INFRASTRUCTURE (P)LTD 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN-682 017, REPRESENTED BY ASSISTANT MANAGER (SITE ACQUISITIONS & ADMINISTRATION), MR.RAHUL DAS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------------------- 1. THE SECRETARY, ULLIYERIL GRAMA PANCHAYAT, P.O. ULLIYERI, KOZHIKODE DISTRICT, PIN-673 323. 2. THE ULLIYERI GRAMA PANCHAYAT COMMITTEE, ULLIYERI P.O., REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.P.R.SREEJITH - R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15609/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT NO.BL 621/07-08 DTD. 4/03/2008 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE RECEIPTS DTD. 4/3/2008 AND 10/03/2008 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE PERMIT CANCELLATION LETTER NO.C2-621/08 DTD. 27/03/08 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE CPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.15609/2008 ----------------------------------------------------------------- Dated this the 4th day of July, 2008 JUDGMENT Ext.P3 order is under challenge in this writ petition. Ext.P3 is an order canceling Ext.P1 building permit. The ground on which Ext.P3 is challenged is that it was issued without notice to the petitioner. This contention of the petitioner is not in dispute. 2. Accordingly, Ext.P3 is quashed. It is clarified that, it will be open to the Panchayat, if it is so advised to initiate fresh proceedings in accordance with law. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 2