IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 20984 of 2009(P) -------------------------------------- PETITIONER: ------------------- K.T.RAJEEV, AGED 32 YEARS, S/O.K.S.THANKAPPAN,KIZHAKODAN VEEDU, P.O.IRUNILAMCODU, MULLOORKARA,THRICHUR. BY ADV. MR.T.RAJASEKHARAN NAIR. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,AYYANTHOLE,THRISSUR. 2. THE MULOORKARA GRAMA PANCHAYATH COMMITTEE,MULOORKARA GRAMA PANCHAYATH OFFICE, THRISSUR. 3. THE SECRETARY, MULOORKARA GRAMA PANCHAYATH 'MULOORKARA P.O, THRISSUR. * 4. M.K.NARAYAN, ESSAR TELECOME LTD, INF (P) CHERAMALATH HOUSE, KALOOR,KOCHIN. *STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DT.28/08/09. 5. K.K.MARAKKAR, S/O.KUNJALAN, KUNNETH PEEDIKAYIL HOUSE, P.O.MULLORKARA, THRISSUR. R3 BY ADV. MR.G.SREEKUMAR (CHELUR), R4 BY ADVS. MR.SATHISH NINAN, MR.SANTHOSH MATHEW, R5 BY ADV.MR.GINESH.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20984/2009-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MASS PETITION SUBMITTED BY THE PEOPLE OF THE LOCALITY BEFORE THE CHIEF MINISTER. EXT.P.2: COPY OF THE MASS PETITION SUBMITTED BY THE PEOPLE OF THE LOCALITY BEFORE THE R.1. EXT.P.3: COPY OF THE APPEAL FILED BEFORE THE R.2. BY THE PETITIONER. EXT.P.4: COPY OF THE RECEIPT NO.795/7/2009 DTD. 14/07/2009 GIVEN BY THE MULOORKARA GRAMA PANCHAYATH TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------ W.P.(C). No.20984 OF 2009 ------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner challenges the grant of permit for construction of a Mobile Telecommunication Tower. Following submissions during the pendency of the Writ Petition; the 4th respondent was struck off from the party array as per order dated 28.8.2009. No other party is brought on record, as the operator, inspite of the order on 28.8.2009 recording that another company is the operator. Be that as it may, looking at the Writ Petition and the ground raised, the plea of the petitioners is that the Panchayat Committee may be directed to consider the appeal filed against the permit. There is no provision in the Panchayat Raj Act providing for such an appeal, as pointed out by the petitioners. The next plea is that the Panchayat Secretary had not visited the site before granting the permission. The basis of this statement is not disclosed. Regularity of official acts has necessarily to be presumed. Merely on the strength of allegation without any disclosure as to the source of information, it is inappropriate to issue direction. Looking at the basic contention as to the objections, it needs to be noted that the petitioner and other W.P(C) No.20984/2009 2 raised the plea relatable to health hazards arising from Mobile Towers. Applying the decision of this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4) KLT 695], that ground also does not subsists. In the result, the Writ Petition fails and the same is accordingly dismissed. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps