1 W.P.(C) No.23485 of 2023 2025:KER:28069 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 23485 OF 2023 PETITIONER: M/S. INDUS TOWERS LIMITED, 8TH FLOOR, VANKARATH TOWERS, NH BYPASS, PALARIVATTOM, COCHIN, PIN – 682024, KERALA, INDIA, REPRESENTED BY MR. RAJKUMAR PAVOTHIL – HEAD LEGAL, KERALA CIRCLE COMPRISING OF STATE OF KERALA. BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL ARUN POOMULLI PREETHA S CHANDRAN ABHIJITH SREEKUMAR ANAND REMESH RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, INFORMATION TECHNOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT TELECOM COMMITTEE, REPRESENTED BY ITS CHAIRMAN, COLLECTORATE, ERNAKULAM, PIN - 682030 3 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 2 W.P.(C) No.23485 of 2023 2025:KER:28069 4 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 5 THE AMBALOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNNUMPURAM, AMBALLUR, ERNAKULAM, KERALA, PIN - 682315 6 THE VILLAGE OFFICER, AMBALOOR VILLAGE, MULAMTHURUTHY KANJIRAMATTOM ROAD, AMBALOOR, ERNAKULAM, KERALA, PIN - 682315 7 SRI. SHAMIL K A, KIZHAKEDATH MALIL HOUSE, KANJIRAMATTOM, ERNAKULAM, PIN - 682315 BY ADVS. SRI.T.K.AJITHKUMAR (VALATH), SC. SRI.E.G.GORDEN, SR.GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.23485 of 2023 2025:KER:28069 JUDGMENT The petitioner, a company engaged in providing passive infrastructure facilities to mobile phone service providers, has filed the captioned writ petition, seeking to challenge Ext.P6 stop memo, issued by the District Collector. 2. Heard Sri.Renjith B.Marar, the learned counsel for the petitioner, Sri.T.K.Ajithkumar (Valath), the learned Standing Counsel for the 5th respondent Panchayat and Sri.E.G.Gorden, the learned Senior Government Pleader for respondents 1 to 4. 3. In spite of service of notice on the 7th respondent, on whose complaint Ext.P6 came to be issued, there is no appearance from the side of the said respondent. 4. This Court notices that the stop memo at Ext.P6 has been issued on the basis of a complaint filed by the 7th respondent. As rightly pointed out by the learned counsel for the petitioner, the stop memo has been issued without even serving a show cause notice to the petitioner herein. 5. The learned Standing Counsel for the Panchayat, upon instructions, submits that the construction of the mobile tower has since been completed, and a completion certificate is also issued. 4 W.P.(C) No.23485 of 2023 2025:KER:28069 6. In the light of the above, I am of the opinion that Ext.P6 is only to be set aside. Resultantly, this writ petition would stand allowed, setting aside Ext.P6. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.23485 of 2023 2025:KER:28069 APPENDIX OF WP(C) 23485/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR INFRASTRUCTURE PROVIDER CATEGORY-I (IP-I) BEARING REGISTRATION CERTIFICATE NO:145/2007 GRANTED TO THE PETITIONER DATED 25.01.2007 BY THE MINISTRY OF COMMUNICATIONS AND IT, GOVERNMENT OF INDIA Exhibit P2 A TRUE COPY OF CERTIFICATE OF INCORPORATION BEARING CORPORATE IDENTIFICATION NUMBER(CIN): L64201HR2006 PLC073821 PURSUANT TO NAME CHANGE ISSUED BY REGISTRAR OF COMPANIES DATED 10.12.2020 Exhibit P3 A TRUE COPY OF THE INTIMATION FOR BUILDING PERMIT DATED 20.06.2023 PREFERRED BY THE PETITIONER TO THE 5 TH RESPONDENT Exhibit P4 A TRUE COPY OF THE FEE PAID RECEIPT NO:1230101189/G070905 DATED 22.06.2023 TO 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY 5TH RESPONDENT TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE ORDER NO DCEKM/6980/2023-M2 DATED 12.07.2023 ISSUED BY 4TH RESPONDENT TO THE PETITIONER