High Court Kerala High Court

Bharti Airtel Ltd Formerly Known … vs Palassana Grama Panchayat on 9 January, 2008

Kerala High Court
Bharti Airtel Ltd Formerly Known … vs Palassana Grama Panchayat on 9 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 36498 of 2007(T)


1. BHARTI AIRTEL LTD FORMERLY KNOWN AS
                      ...  Petitioner

                        Vs



1. PALASSANA GRAMA PANCHAYAT,
                       ...       Respondent

                For Petitioner  :SRI.SANTHOSH MATHEW

                For Respondent  :SRI.T.R.JAGADEESH

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :09/01/2008

 O R D E R
                             PIUS C. KURIAKOSE, J.
                    -----------------------------------------------
                           W.P.(C)No. 36498 OF 2007-T
                    -----------------------------------------------
                      DATED THIS THE 9TH JANUARY, 2008

                                  J U D G M E N T

The order cancelling building permit issued to the petitioner company

is challenged mainly on the ground that the same has been passed without

hearing the petitioner. A counter affidavit has been filed by the Panchayath

producing Ext.R1(a) show cause notice. There is no serious opposition in

Ext.R1(a) being treated as a show cause notice and the petitioner being

permitted to file objections to the same. In the circumstances, I dispose of

this writ petition issuing the following directions:

The petitioner will file objections, if any, to Ext.R1(a) within 10 days

from today. If the objection is received within the stipulated period, the

respondent will hear the petitioner and take a decision on the question

whether the permit is liable to be cancelled and communicate the same to

the petitioner. Fresh decision as directed above will be taken by the

Panchayath within two weeks of the petitioner filing objections to Ext.R1(a).

Till such time as fresh orders as directed above is communicated to the

petitioner, interim order passed by this Court will be maintained.

(PIUS C.KURIAKOSE, JUDGE)

ks.

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