HUTCHISON ESSAR CELLULAR LTD. versus SECRETARY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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HUTCHISON ESSAR CELLULAR LTD. v. SECRETARY - WP(C) No. 23547 of 2007(C) [2007] RD-KL 15607 (14 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23547 of 2007(C)

1. HUTCHISON ESSAR CELLULAR LTD.,
... Petitioner

Vs

1. SECRETARY,
... Respondent

2. CHERAVANOOR GRAMA PANCHAYATH,

3. SECRETARY,

For Petitioner :SRI.P.SATHISAN

For Respondent :SRI.K.D.BABU

The Hon'ble MR. Justice K.M.JOSEPH

Dated :14/08/2007

O R D E R

K.M.JOSEPH, J.

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W.P.(C).No. 23547 OF 2007
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Dated this the 14th day of August, 2007

JUDGMENT

Petitioner has approached this court seeking a direction to consider and take a decision on Ext.P3 . Ext.P3 is the application for permit. Case of the petitioner in brief is as follows: Petitioner is a company engaged in providing mobile cellular services throughout the State of Kerala and other places . Petitioner made Ext.P3 application before the first respondent. Ext.P4 is the receipt in this regard. Ext.P3 was accompanied by structural stability certificate, lease deed in favour of the petitioner, site plan and all the allied supporting documents as required by the Kerala Municipality Building Rules. The complaint of the petitioner is that Ext.P3 has not been considered.

2. I heard learned counsel for the petitioner and the learned counsel for the Panchayat.

3. Counsel for the petitioner submits that Ext.P3 was  WPC No.23547/07 2 submitted at the time when Building Rules were not applicable. He submits that petitioner is prepared to submit an application seeking permit under the Building Rules and that it may be directed to be considered. In such circumstances, the writ petition is disposed of directing that if the petitioner files an application seeking building permit under the Building Rules within two weeks from today, the first respondent will consider the same and take a decision in the matter in accordance with law within a period of one month from the date of receipt of the application. In taking a decision, the first respondent will also consider the decision of this court reported in Reliance Infocomm. Ltd. v. The Chemanchery Grama Panchayat (2006 (4) ILR 357).

(K.M.JOSEPH, JUDGE)

sv.  WPC No.23547/07 3 

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