J U D G M E N T

Petitioner company is challenging Ext.P3 order issued by the 4th respondent Tribunal, in an appeal filed by respondents 1 and 2. Exhibit P1 building permit issued by the 3rd respondent Municipality for erection of a Mobile Transmission Tower was challenged in appeal before the Tribunal. Among various contentions raised before the Tribunal, it is contended that the building permit in question was not issued in favour of the petitioner company. Learned Tribunal observed that the 'Leave and Licence Agreement' executed by the land owner is not in the name of the person in whose name the building permit is issued. It is also found that the person in whose name the permit was issued is not the person who had executed agreement with the Department of Telecommunication. Finding that the person in whose name the building permit was issued W.P.(c) No.5222/2012 -2-

has not obtained the permit on behalf of petitioner company, the appeal was allowed and the building permit was set aside.

2. On a perusal of Ext.P1 building permit it is revealed that the same is issued in the name of Sri. V.D. Sudevan, Senior Manager, Viom Networks Ltd. The petitioner had produced Ext.P4 power of att