IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21852 of 2009(B)
1. M/S.ESSAR TELECOM INFRASTRUCTURE (P)LTD.
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. THE VILLAGE OFFICER, KODIYATHUR
3. KODIYATHUR GRAMA PANCHAYAT, KODIYATHUR
For Petitioner :SRI.SANTHOSH MATHEW
For Respondent :SRI.K.P.SUDHEER
The Hon'ble MR. Justice V.GIRI
Dated :25/08/2009
O R D E R
V.GIRI,J.
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W.P ( C) No.21852 of 2009
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Dated this the 25th August,2009
J U D G M E N T
After obtaining permission from the Panchayat,
petitioner commenced the construction of a
telecommunication tower in 6 cents of land in Re.Sy.
No.68/2 of Kodivathur village belonging to one Sri. Kutti
Ali S/o Imbichi Moyi, as evidenced by Ext.P1 agreement.
Ext.P2 is the building permit issued by the Panchayat in
this regard.
2. On the petitioner commencing construction,
inter alia deploying a JCB for leveling the land, it was
served with Ext.P5 stop memo by the Village Officer
requiring it to stop the construction. This has been
challenged in the writ petition.
3. A counter affidavit has been filed by the 1st
respondent as also by the additional 4th respondent .
4. I refrain from undertaking a consideration of
the rival submission since it is submitted on both sides that
the RDO has called the representatives of the petitioner
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and the Panchayat for a hearing to sort out of the issues
that has been raised by the 4th respondent. It is scheduled
to be held on 27/8/2009.
In the result, the writ petition is disposed of directing
the 1st respondent to draw up a proceedings on conclusion
of the hearing adverting to the objections, if any, pursued
by the 4th respondent or such other objectors within a week
from the date of conclusion of the hearing and thereafter
the parties shall proceed to take action on the basis of the
decision so taken by the RDO. The hearing shall be
completed on 27/8/2009 itself. Other contentions of the
parties are left open.
(V.GIRI,JUDGE)
ma
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