IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 14929 of 2010(M) ------------------------------------------ PETITIONER(S): ------------------------ INDUS TOWERS LIMITED REPRESENTED BY DULY AUTHORISED HEAD(LEGAL),PREMAKRISHNAN NAIR M.N., 8TH FLOOR, VANKARATH TOWERS, NH BYPASS, PADIVATTOM, KOCHI-24. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. *ADDL.R3 IMPLEADED: R3. THIRUVANANTHAPURAM CORPORATION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 13/12/2010 IN I.A.NO.17225/2010) R1 & R2 BY GOVERNMENT PLEADER SRI. K.RAMESH R3 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE,SC BY ADV. SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011 ALONG WITH WPC NO. 18171 OF 2010 AND AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14929/2010 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LICENSE ISSUED BY CENTRAL GOVERNMENT TO THE PETITIONER. P2: COPY OF LICENSE ISSUED BY CENTRAL TO ONE OF THE SERVICE PROVIDERS OF PETITIONER. P2(A): COPY OF TECHNICAL SPECIFICATIONS OF INSTALLATIONS. P3: COPY OF ORDER ISSUED BY 2ND RESPONDENT DTD. 30/01/2010. P4: COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.33562/2009 DTD. 10/12/2009. P5: COPY OF GOVERNMENT ORDER NO.18049/RD2/2010 DTD. 02/07/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NOS.14929, 18171, 28469 & 37063 OF 2010 ------------------------------- DATED THIS THE 28TH DAY OF SEPTEMBER, 2011 JUDGMENT Common questions are involved in all these writ petitions and therefore these writ petitions are disposed of by a common judgment. 2. The challenge in these writ petitions is against the proceedings of the District Collector dated 30/1/2010. Copy of the said proceedings are marked as Exts.P3 in W.P.(C).Nos.14929 and 18171/2010 and Exts.P2 in W.P.(C).Nos.28469 & 37063/2010 respectively. The learned counsel for the petitioner in the writ petitions contended that the District Collector has no authority whatsoever to issue Exts.P2 and Ext.P3 in these writ petitions which in effect amends, alters or changes the specific Rules under the Kerala Municipality Building Rules, 1999. The learned counsel also pointed out that without any legislation or issuance of Rule by -2- W.P.(C).Nos.14929, 18171, 28469 and 37063/2010 the lst respondent, the provision contained under the Kerala Municipality Building Rules, 1999 cannot be altered or changed. Subsequent to the filing of the W.P.(C).14929/2010 the State of Kerala issued an order directing the 2nd respondent to re-consider the orders. The said order is marked as Ext.P5 in W.P.(C). No.37063/2010. In Ext.P5 it is stated that the District Collector has no authority to issue the proceedings. 3. The grievance of the petitioner is that in spite of Ext.P5 order, the District Collector has not withdrawn the proceedings till date. In the light of Ext.P5 order passed by the Government clarifying that the District Collector has no authority to issue the proceedings like Ext.P2, the proceedings of the District Collector marked as Exts.P2 and P3 in these writ petitions, cannot be sustained. For the aforesaid reasons, Ext.P2 proceedings in W.P. (C).Nos.28469 and 37063/2010 and Ext.P3 proceedings in W,P. (C).Nos.14929 and 18171/2010 are quashed. Writ Petitions are allowed. Sd/- HARUN-UL-RASHID, Judge. kcv.