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M/S.IDEA MOBILE COMMUNICATIONS LTD. versus THE EDARIKODE GRAMA PANCHAYAT

High Court of Kerala

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M/S.IDEA MOBILE COMMUNICATIONS LTD. v. THE EDARIKODE GRAMA PANCHAYAT - WP(C) No. 23238 of 2007(N) [2007] RD-KL 16192 (21 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23238 of 2007(N)

1. M/S.IDEA MOBILE COMMUNICATIONS LTD.,
... Petitioner

Vs

1. THE EDARIKODE GRAMA PANCHAYAT,
... Respondent

2. THE EDARIKODE GRAMA PANCHAYAT,

3. THE SUB INSPECTOR OF POLICE,

4. SRI.POOKKAYIL KUNHAHAMMAD HAJI,

5. SRI.PUTHARIKODE RAMADAS, NEAR

For Petitioner :SRI.SANTHOSH MATHEW

For Respondent :SRI.P.K.IBRAHIM

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

Dated :21/08/2007

O R D E R

K.M.JOSEPH, J.


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W.P.(C).No. 23238 OF 2007
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Dated this the 21st day of August, 2007



JUDGMENT

Petitioner challenges Exts.P3 and P7. Ext.P3 is the notice issued on the basis of Ext.P7. By Ext.P1 petitioner was given permit to put up a telecommunication tower on the roof top of the building. However by Ext.P3 the said permit has been cancelled apparently on the basis of the decision taken by the Committee. One of the contentions raised by the petitioner against cancellation is that it is done without observing the principles of natural justice. There is no dispute that the petitioner was not heard. In view of the fact that petitioner was not heard before Ext.P1 under which petitioner acquired right to erect a tower was cancelled, Exts.P3 and P7 cannot be sustained. Accordingly, Exts.P3 and P7 are quashed. I leave it free to the competent authority among respondents 1 and 2 to take a decision in the matter, if so advised with notice to the petitioner and also WPC No.23238/07 2 respondents 4 and 5. It is open to respondents 4 and 5 to raise all their contentions available to them under law.

(K.M.JOSEPH, JUDGE)

sv. WPC No.23238/07 3


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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