JUDGMENT

Dated this the 25th day of October, 2021 SHAJI P.CHALY, J.

This appeal is preferred by respondents 1 & 2 in the writ petition viz., Thrikkakara Municipality and its Secretary, challenging the judgment of the learned Single Judge dated 25.8.2021 in W.P.(C) No.27654 of 2020, whereby the learned Single Judge found that the notice to stop construction issued by the Secretary of the Municipality under rule 16 of the Kerala Municipality Building Rules , 2019, is unsustainable, and further held that, Exhibit P9 stop memo, and Exhibit P12 order passed by the Secretary of the Municipality, cancelling the permit issued to the writ petitioner/1st respondent viz.,ATC Telecom Infrastructure Pvt. Ltd., a company engaged in the business of providing telecom infrastructure, cannot be sustained under law, and accordingly the said orders were set aside. The legality and correctness of the said findings are challenged in the appeal. Brief material facts for the disposal of the writ appeal are as follows;

2. The first respondent company, for construction of a telecom tower within the limits of the 1st appellant Municipality submitted an application before the Secretary of the Municipality and h