IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 19188 of 2010(W) -------------------------- PETITIONER(S): -------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, 1ST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS MANAGER(LEGAL), MR.PRAMOD JAIJI. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, COCHIN CITY, OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM DISTRICT. 3. THE ASST. COMMISSIONER OF POLICE, OFFICE OF THE ASST. COMMISSIONER OF POLICE, MATTANCHERRY, COCHIN, ERNAKULAM. 4. THE CIRCLE INSPECTOR OF POLICE, MATTANCHERRY CIRCLE OFFICE, ERNAKULAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION, ERNAKULAM DISTRICT. 6. P.M.ASHARAF, S/O. MAMMU, 6/1582, PALAKKATTUPARAMB, MATTANCHERRY, COCHIN, ERNAKULAM DISTRICT. W.P.(C).NO.19188 OF 2010 7. M.SUBAIR, S/O. MUHAMMADALI, 6/1541, PALAKKATTUPARAMB, MATTANCHERRY, COCHIN, ERNAKULAM DISTRICT. 8. P.M.SUBAIR, S/O. MOIDEEN, 6/1771, PUTHUKATTIL PARAMBIL, MATTANCHERRY, COCHIN, ERNAKULAM DISTRICT. 9. MEHABOOB, CONVENOR, M/S. SOLIDARITY, MATTANCHERRY, COCHIN, ERNAKULAM DISTRICT. 10. COCHIN CORPORATION, CORPORATION OFFICE, COCHIN, REPRESENTED BY ITS SECRETARY. R1 TO R5 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.K.S.MADHUSOODANAN FOR R6 TO R9 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR R6 TO R9 SRI.THUSHAR NIRMAL SARATHY FOR R6 TO R9 SRI.M.M.VINOD KUMAR FOR R6 TO R9 SMT.K.M.RAMYA FOR R6 TO R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.19188 OF 2010 W PETITIONER'S EXHIBITS: EXT.P1PHOTOCOPY OF THE BUILDING PERMIT DATED 25.3.2010 ISSUED BY THE COCHIN CORPORATION. EXT.P2PHOTOCOPY OF THE STOP MEMO ISSUED BY THE CORPORATION TO THE PETITIONER DATED 28.05.2010. EXT.P3PHOTOCOPY OF THE INTERIM ORDER GRANTED TO THE PETITIONER BY THE TRIBUNAL DATED 01/6/2010. EXT.P4PHOTOCOPY OF THE REPRESENTATION DATED 14.6.2010 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P5PHOTOCOPY OF THE REPRESENTATION DATED 16.6.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND, 3RD AND 4TH RESPONDENTS. EXT.P6PHOTOCOPY OF THE INTERIM ORDER DATED 30.4.2010 IN W.P.(C).NO.14094/2010 OF THIS HONOURABLE COURT. EXT.P7PHOTOCOPY OF STABILITY CERTIFICATE ISSUED BY THE ENGINEER. EXT.P8PHOTOCOPY OF THE REGISTRATION CERTIFICATES AS CHARTERED ENGINEER. EXT.P9PHOTOCOPY OF THE MASTER DEGREE CERTIFICQTE OF THE ENGINEER. EXT.P10 PHOTOCOPY OF THE GOVERNMENT CIRCULAR DATED 23.9.2006. RESPONDENTS' EXHIBITS: EXT.R6(A) PHOTOCOPY OF THE LETTER BEARING NO.W.Z.R1/315/10 DATED 7.6.2010. EXT.R6(B) PHOTOCOPY OF THE COMMISSION REPORT I.A.917/10 IN O.S.NO.214/10 DATED 7.6.2010 FILED BY ADV. COMMISSIONER BEFORE MUNSIFF COURT, KOCHI. EXT.R6(C) PHOTOCOPY OF THE G.O.(MS).NO.143/07/LSGD DATED 31.5.2007. EXT.R6(D) PHOTOCOPY OF THE COMPLAINT BEFORE D.G.P. DATED 7.6.2010. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M.C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 19188 OF 2010 W ------------------------------------------ Dated this the 2nd September, 2010. JUDGMENT K.M. Joseph, J. The prayer in the Writ Petition is to grant protection for constructing mobile tower. Learned counsel for the party respondents would bring to our notice that an interim order of injunction was granted by the Munsiff Court. Learned counsel for the petitioner points out that the order of injunction was vacated. Counsel for the party respondents would point out that the party respondents have obtained an order of injunction from the Appellate Court in CMA. No.9/2010. In the light of this development, we see no reason why we should keep the Writ Petition pending. Accordingly, the Writ Petition is disposed of, recording the submission of the learned counsel for the party respondents that there is an order of injunction against the W.P.(C).NO.19188/2010 W 2 petitioner. This will be without prejudice to the right of the petitioner to approach this Court if circumstances change. SD/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge