DISHNET WIRELESS LTD. Vs. THE AZHIYOOR GRAMA PANCHAYATH,

JUDGEMENT

(1.) THE petitioner is a Company incorporated under the provisions of the Companies Act. Licence was granted by the Government of India for providing telecommunication and related services. Ext.P1 is the extract of the licence granted. In order to set up a telecommunication tower, the petitioner applied to the 1st respondent Panchayat for a building permit. The application was considered, and Ext.P2 is the permit that was issued.

(2.) ACCORDING to the petitioner, subsequent to the issue of the building permit, at the instance of certain interested persons, in order to prevent the petitioner from proceeding with the work, the 1st respondent Panchayat passed Annexure R1(a) resolution prohibiting vehicular traffic through the access road. It is stated that in pursuance to the said decision, the Panchayat fixed sign boards on both ends of the road preventing vehicular traffic. As a result of this, the petitioner is prevented from transporting materials to the site, in respect of which the building permit was granted.

(3.) THE respondent Panchayat has filed a counter affidavit. The justification for the prohibition imposed is contained in paragraph 3 of the counter affidavit, which reads as under: