Kerala High Court
Indus Towers Limited (Infrastructure vs Purameri Grama Panchayath Represented on 6 June, 2014
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
FRIDAY, THE 6TH DAY OF JUNE 2014/16TH JYAISHTA, 1936
WP(C).No. 29235 of 2011 (D)
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PETITIONERS:
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1. INDUS TOWERS LIMITED (INFRASTRUCTURE
SERVICE PROVIDER OF BHARTI AIRTEL LIMITED,
VODAFONE ESSAR CELLULAR LIMITED) 8TH FLOOR
VANKARATH TOWERS, NH BYPASS, PALARIVATTOM
KOCHI-24 REPRESENTED BY ITS DEPUTY GENERAL MANAGER
PREMAKRISHNAN NAIR M.N.
2. BIJU T.NAIR, DGM DEPLOYMENT (NEW)
INDUS TOWERS LIMITED, 8TH FLOOR, VANKARATH
TOWERS, NH BYPASS, PALARIVATTOM, KOCHI-24.
BY ADV. SRI.P.SATHISAN
RESPONDENTS:
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1. PURAMERI GRAMA PANCHAYATH REPRESENTED
BY ITS SECRETARY, PIN-673101.
2. THE SECRETARY, PURAMERI GRAMA
PANCHAYATH, VATAKARA, CALICUT-673101.
3. THE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS, REPRESENTED BY ITS, SECRETARY
THIRUVANANTHAPURAM-695001.
R1 & 2 BY ADV. SRI.P.C.SASIDHARAN
R1 & 2 BY ADV. SRI.ARAVINDA KUMAR BABU T.K.
R1 & 2 BY ADV. SRI.E.S.ASHRAF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06-06-2014, ALONG WITH WPC. 32570/2011, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
C.T.RAVIKUMAR, J.
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W.P.(C)Nos.29235 & 32570 of 2011
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Dated 6th June, 2014
JUDGMENT
The petitioners filed I.A.Nos.6952 of 2014 and 6953 of 2014 respectively, in the captioned writ petitions seeking permission to withdraw these writ petitions without prejudice to the right of the petitioners to approach the competent authority for regularisation of the alleged unauthorised construction by filing appropriate petitions. Regularization of unauthorised construction is permissible only under Section 134 of the Kerala Panchayat Building Rules. In the said circumstances, these writ petitions are dismissed as withdrawn with the aforesaid liberty. It is made clear that this Court has not made any observation as to the entitlement of the petitioners to get regularisation in terms of Section 134 of the Kerala Panchayat Building Rules and any such application/applications shall be considered in accordance with law.
Sd/-
C.T.RAVIKUMAR Judge TKS