High Court Kerala High Court

M/S.Idea Cellular Ltd vs State Of Kerala on 24 September, 2010

Kerala High Court
M/S.Idea Cellular Ltd vs State Of Kerala on 24 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27187 of 2010(W)


1. M/S.IDEA CELLULAR LTD.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. MR.E.K.BABU, AJITHA BHAVAN,

4. VATTIYOORKAVU GRAMA PANCHAYAT

                For Petitioner  :SRI.SANTHOSH MATHEW

                For Respondent  :SRI.J.HARIKUMAR

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :24/09/2010

 O R D E R
               K.M.JOSEPH & M.C. HARI RANI,JJ
        ==============================

                    W.P.(C) No. 27187 OF 2010
          ============================

          Dated this the 24th day of September 2010

                           JUDGMENT

K.M. Joseph, J.

The petitioner seeks permission to withdraw the writ

petition. The learned counsel for the 3rd respondent brings to our

notice that Ext.R3(a) is a writ petition filed by the petitioner in

this case. Therein it is pointed out that the petitioner’s case was

that it has completed the construction of the telecommunication

tower and the tower is functioning from 24/3/2008. The prayer

in the writ petition reads as follows:

” issue a writ in the nature of mandamus or any

other appropriate writ, order or direction

commanding the 2nd respondent to provide effective

and adequate police protection to the petitioners’

workers for constructing the telecommunication

tower without any obstruction from 3rd respondent

and his henchmen.”

2. The learned counsel for the petitioner would attempt to

submit that the actual relief sought for in this writ petition is to

WPC.27187/2010 -2-

provide protection for installation of an additional equipment.

But that does not appear to be the prayer in this writ petition.

The petitioner can be permitted to withdraw this writ petition

only on payment of some costs. The request for dismissal as

withdrawn is allowed subject to the condition that the petitioner

pays a sum of Rs.2,000/-to the learned counsel for the 3rd

respondent within a period of one week. The dismissal is

subject to the condition being fulfilled by the petitioner.

Sd/-

K.M. JOSEPH, JUDGE

Sd/-

M.C. HARI RANI,JUDGE
ks.

TRUE COPY

P.S. TO JUDGE

WPC.27187/2010 -3-