IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25412 of 2008(S)
1. GEORGEKUTTY EDAPPATTU
... Petitioner
Vs
1. GOVT.OF KERALA
... Respondent
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :22/08/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.P.(C)No.25412 OF 2008
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Dated this the 22nd day of August 2008
JUDGMENT
H.L.DATTU, C.J.
Petitioner claims that he is an elected representative of Ward No.2 of
Valakom Grama Panchayat.
2. In this public interest litigation, the main prayer of the petitioner
is to direct the respondents to stop the construction of the telecommunication tower
by the 4th respondent.
3. The petitioner further states, that, the 4th respondent is continuing
with the construction with the help of Ext.P7 permit issued by the Secretary of the
Grama Panchayat and that permit is issued by the Secretary without there being an
appropriate resolution by the Grama Panchayat. It is further stated that the
construction activity is going on even after the Grama Panchayat has issued a stop
memo to the 4th respondent to stop all further construction.
4. We do not intend to go into all the assertions and allegations made
by the petitioner in this petition, since we are of the opinion that, if, for any reason,
the petitioner or any other person is aggrieved by the permit issued by the
Secretary of the Grama Panchayat, permitting the 4th respondent to construct the
W.P.(C)No.25412 OF 2008
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telecommunication tower, that can be questioned before an appropriate forum as
provided under the provisions of the Kerala Panchayat Raj Act. Since, in our
opinion, the said remedy is not only effective but also an efficacious remedy, for
the present, we need not have to entertain this writ petition and accordingly it is
rejected. However, it is made clear that all the contentions raised in the writ
petition are left open.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
jes