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 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 10958 of 2011(T) ---------------------------------- PETITIONER(S): ------------------- POSIDON INFRASTRUCTURE PVT.LTD HAVING REGISTERED OFFICE AT GOKUL BUILDING,VISHRAMBHAG, SANGLI, MAHARASHTRA 416415,BRANCH OFFICE AT MIG 151 SRISAILAM, GANDHI NAGAR, ERNAKULAM 682 020,REP BY ITS MANAGING DIRECTOR MR.RAMESH GUNANI THROUGH HIS P/A HOLDER VINOD NAIR, S/O.VASUDEVAN NAIR, MIG 151 SRISAILAM, GANDHI NAGAR, ERNAKULAM - 682 020. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): --------------------- 1. THE SUB INSPECTOR OF POLICE, MUNAMBAM POLICE STATION, ERNAKULAM DISTRICT - 688 541. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA RURAL 683 101. 3. PALLIPURAM GRMAPANCHAYATH REPRESENTED BY ITS SECRETARY,PALLIPURAM GRAMAPANCHAYATH OFFICE PALLIPURAM,ERNAKULAM DISTRICT 688 541. 4. N.P.BIJU, S/O.LATE PURUSHOTHAMAN, MADEPARAMBIL HOUSE, PALLIPURAM VILLAGE CHERAI PO, ERNAKULAM DISTRICT 683 514. 5. K.VISWANATHAN,S/O.LATE K.C.SANKARAN NAIR KALATHIL HOUSE , 4/222, MANAPPILLY ROAD AYYAMPILLY, ERNAKULAM DISTRICT PIN 682 501. 6. M.C.UNNI, MANNALI HOUSE CHERAI PO, ERNAKULAM DISTRICT 683 514. R1 & R2 BY GOVT. PLEADER SRI. M.R.SABU R3 BY ADV. SRI.T.A.SHAJI R4 & R5 BY ADVS. SRI.K.P.RAMACHANDRAN SRI.R.SUDHISH SMT.BINDHU PAULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10958/2011 APPENDIX PETITIONER'S EXHIBITS: P1: PURCHASE ORDER ISSUED BY THE INDUS TOWERS COMPANY IN FAVOUR OF THE PETITIONER BEARING NUMBER 1709103006198 DATED 25/01/2010. P2: COPY OF THE BUILDING PERMIT NO.1094/09-10 DATED 12/01/2010 ISSUED BY THE SECRETARY, PALLIPURAM GRAMA PANCHAYATH. P3: COPY OF THE COMPLAINT LODGED TO THE 1ST RESPONDENT DATED 21/01/2011. P4: COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE 1ST RESPONDENT DATED 21/01/2011. RESPONDENT'S EXHIBITS: R4(a):COPY OF THE CONSENT LETTER DATED 08/01/2010 OF THE WRIT PETITIONER COMPANY WRITTEN IN FAVOUR OF THE SECRETARY, PALLIPPURAM GRAMA PANCHAYATH. R4(b):COPY OF THE REPRESENTATION DATED 09/02/2010 SUBMITTED BY THE HEADMISTRESS, RAMAVARMA UNION HIGH SCHOOL TO THE DISTRICT MEDICAL OFFICER, ERNAKULAM. R4(c):COPY OF THE MASS REPRESENTATION DATED 08/02/2010, SUBMITTED TO THE HONOURABLE CHIEF MINISTER OF KERALA, DISTRICT DISTRICT MEDICAL OFFICER AND TO THE SECRETARY; PALLIPPURAM GRAMA PANCHAYATH. R4(d):COPY OF THIS RECEIPT DATED 08/02/2010, ISSUED BY THE SECRETARY, PALLIPURAM GRAMA PANCHAYATH. R4(e):COPY OF THE REPRESENTATION DATED 09/02/2010, SUBMITTED BY THE PRESIDENT OF THE MYTHRI RESIDENTS WELFARE ASSOCIATION TO THE PRESIDENT, PALLIPPURAM GRAMA PANCHAYATH. R4(f):COPY OF THE NEWS REPORTED IN THE SAYAHNA KAIRALI DAILY DATED 10/02/2010, MATHRUBHOOMI DAILY DATED 12/02/1010 AND IN RASHTRA DEEPIKA DAILY DATED 11/02/2010. R4(g):COPY OF THE REPRESENTATION DATED 08/02/2010 SUBMITTED BY THE HEADMISTRESS; RAMAVARMA UNION HIGH SCHOOL TO THE SECRETARY, PALLIPPURAM GRAMA PANCHAYATH. R4(h):COPY OF THE GOVERNMENT CIRCULAR DATED 10/08/2009, CIRCULAR NO.2760(2)/RD, 2/09/LSAD, ISSUED BY THE SECRETARY, LOCAL SELF ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. svs ........2/-.... ...2... WPC.NO.10958/2011 R4(i):COPY OF THE NOTICE DATED 09/02/2010, ISSUED BY THE SECRETARY; PALLIPPURAM GRAMA PANCHAYATH TO THE WRIT PETITIONER. R4(j):COPY OF THE NOTICE DATED 09/02/2010, NO.B.2256/2010, ISSUED BY THE SECRETARY; PALLIPPURAM GRAMA PANCHAYATH TO THE WRIT PETITIONER. R4(k):COPY OF THE MINUTES OF THE PALLIPPURAM GRAMA PANCHAYATH MEETING HELD ON 16/02/2010. R4(l):COPY OF THE DECISION TAKEN IN THE PALLIPPURAM GRAMA PANCHAYATH MEETING HELD ON 18/02/2010. R4(m):COPY OF THE STOP MEMO DATED 23/02/2010, NO.B2256/10, ISSUED BY THE SECRETARY; PALLIPPURAM GRAMA PANCHAYATH TO THE PETITIONER COMPANY. R4(n):COPY OF THE RESEARCH REPORT OF THE KERALA ENVIRONMENTAL RESEARCH ASSOCIATION, KOLLAM REGARDING THE HEALTH PROBLEMS DUE MOBILE TOWERS. R4(o):COPY OF THE BRIEF STUDY REPORT OF THE KERALA ENVIRONMENTAL RESEARCH ASSOCIATION, KOLLAM REGARDING THE HEALTH PROBLEMS DUE MOBILE TOWERS. R4(p):COPY OF THE NEWS REPORTED IN THE MADYAMAM DAILY DATED 02/11/2010. R4(q):COPY OF THE NEWS REPORTED IN THE CHANDRIKA DAILY DATED 29/11/2010, INDIAN EXPRESS DAILY 29/11/2010 AND IN THE JANAYUGAM DAILY DATED 29/11/2010. R4(r):COPY OF THE ADVOCATE COMMISSIONER REPORT IN O.S. NO.571/2010, PENDING BEFORE THE HONOURABLE MUNSIFF'S COURT, PARAVOOR. R4(s):COPY OF THE NEWS REPORTED IN THE HINDU DAILY DATED 05/01/2011. R4(t):COPY OF THE NEWS REPORTED IN THE SUNDAY EXPRESS DATED 15/08/2010. R4(u):COPY OF THE INTERIM STAY ORDER DATED 18/06/2010 OF THE HONOURABLE KERALA HIGH COURT IN WPC.NO.18968/2010. R4(v):COPY OF NEWS REPORTED IN THE MANGALAM DAILY DATED 07/05/2011. /TRUE COPY/ P.A. TO JUDGE. svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.10958 of 2011 ------------------------------- Dated this the 5th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Mr.Krishna Prasad, submits that construction of the tower is over and this writ petition can be closed. Hence, we close this writ petition without examining the merits of the grounds. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/