IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 17944 of 2007(J) ---------------------------------------- PETITIONER: -------------------- JANA JAGRUTHI VEDIKE (REG. NO.1077/03), REPRESENTED BY ITS SECRETARY, M.K.ISMAIL, MEENJA-MANJESHWARA, P.O.KOLIYOOR, KASARAGOD DISTRICT-671 323. BY ADV. SRI.P.SHRIHARI SMT.P.VANI RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. SECRETARY, MEENJA GRAMA PANCHAYAT, MEEYAPADAVU POST, KASARGOD DISTRICT. 3. IDEA MOBILE COMMUNICATION LTD. (FORMERLY ESCOTEL MOBILE LTD.), A SUBSIDIARY INDIA CELLULAR LTD., A-30, MOHAN CO-OPERATIVE ESTATE, MADHAVA ROAD, NEW DELHI-110 044. 4. BHARTHI AIRTEL LTD., N.H.BYE PASS, SHAVXYE, KUNDANOOR JUNCTION, MARADU P.O., KOCHI-682 304. 5. HUTCISON ESSAR CELLULAR LTD., 9/5115, 2ND FLOOR, ASIHIS BUILDING, SHANMUGHAM ROAD, KOCHI-682 031. R1 BY GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.A.M.SHAFFIQUE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.ANIL D. NAIR SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17944/2007 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PETITIONER'S REPRESENTATION & ITS ENGLISH TRANSLATION. EXT.P2: COPY OF THE RELEVANT EXTRACT OF THE MINUTES & ITS ENGLISH TRANSLATION. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.17944 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 12th February, 2008 JUDGMENT In this Writ Petition the petitioner who is the Secretary of the Jana Jagruthi Vedike, an organisation with main function of protecting the rights and interests of the general public seeks a writ of mandaus to the 2nd respondent-Panchayat to produce the records connected to granting permission to respondents 3 and 4 mobile telephone companies for erecting mobile towers in thickly populated residential areas. According to the petitioner, under the cover of building permits issued by the 2nd respondent in respect of other areas, respondents 3 and 4 are now constructing towers in thickly populated areas. I do not propose to settle the issue. A perusal of the grounds raised will show that the main ground on which the petitioner is opposing the installation of towers and its energisation is the possible health hazards resulting from electro magnetic radiation emanating from the energisation of towers. The construction of the towers, I am informed is underway. I dispose of the Writ Petition directing respondents 3 and 4 not to energise the towers before separate orders in that regard are issued by the 2nd respondent. I also direct the 2nd respondent to hear the petitioner and respondents 3, 4 and 5 W.P.C.No.17944/07 - 2 - also before decision is taken regarding energisation of towers. It is open to the petitioner to raise all available grounds during hearing including the ground that the constructions are unauthorised in as much as they have been made not at places covered by the permits granted to respondents 3, 4 and 5. srd PIUS C.KURIAKOSE, JUDGE