Hutchison Essar Cellular Limited vs Changaroth Grama Panchayat on 11 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27413 of 2006(L)


1. HUTCHISON ESSAR CELLULAR LIMITED,
                      ...  Petitioner

                        Vs



1. CHANGAROTH GRAMA PANCHAYAT,
                       ...       Respondent

2. KAZHAKKOOTTAM GRAMA PANCHAYAT,

                For Petitioner  :SRI.ANTONY DOMINIC

                For Respondent  :SRI.M.RAJAGOPALAN NAIR

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :11/07/2008

 O R D E R
                       KURIAN JOSEPH, J.
              -----------------------------------------
                  W.P(C) No.27413 of 2006
              -----------------------------------------
             Dated this the 11th day of July, 2008

                             JUDGMENT

Petitioner approached this court aggrieved by Exts.P2 and

P5 communications issued by the Panchayat wherein the

petitioner has been asked to stop the functioning of a mobile

tower. One of the contentions taken by the petitioner is that the

same is passed without notice to the petitioner. It is further

submitted that in view of the Bench decision of this court in

Reliance Infocom Ltd. v. Chemmanchery Grama Panchayat,

2006 (4) KLT 695 the matter requires fresh consideration. There

is no counter affidavit. Therefore, Exts.P2 and P5 are quashed

without prejudice to the liberty to the first respondent to initiate

fresh proceedings, if required, with notice to the petitioner.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

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W.P(C).No.27413 of 2006

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JUDGMENT

11th July, 2008