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. 25317 of 2009(H) ---------------------------------- PETITIONER(S): ---------------------- 1. E.A.VARGHESE ELAVUMKUDIYIL HOUSE, POTHANICADU PO. 2. T.G.ABRAHAM THOLANICKUNNEL HOUSE, POTHANICADU PO. 3. T.M.PATHROSE THOLANICKUNNEL HOUSE, POTHANICADU PO. BY ADVS.MR.C.S.AJITH PRAKASH MR.T.D.SALIM MR.C.S.YESUDAS MR.PAUL C THOMAS RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR,ERNAKULAM. 2. THE POTHANICADU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY POTHANICADU P.O. 3. THE SUB INSPECTOR OF POLICE POTHANICADU. 4. MATHEW PAPPACHAN EMBRAYIL HOUSE, POTHANICADU. 5. M/S. INDUS TOWERS LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT. 1956,WITH ITS CIRCLE OFFICE AT VII/588, 2ND FLOOR,S.L.AVENUE N.H.BYEPASS 47, KUNDANNUR, MARADU PO,KOCHI 682 304 REPRESENTED BY ITS EXECUTIVE BIJU .T.NAIR. R1 TO R3 BY GOVT. PLEADER MR.V.MANU R5 BY ADV. MR.V.PHILIP R6 BY ADV. MR.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD 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.25317/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE BUILDING PERMIT BL. NO. 53/09 DTD. 12.8.09 ISSUED BY THE POTHANICADU GRAMA PANCHAYAT. P2:- COPY OF THE MASS PETITION DTD. 28.8.09 FILED BEFORE THE SECRETARY, POTHANICADU GRAMA PANCHAYAT. P3:- COPY OF THE MASS PETITION DTD. 28.8.09 FILED BY THE DISTRICT COLLECTOR , ERNAKULAM. P4:- COPY OF THE MASS PETITION DTD. 28.8.09 FILED BY THE SUB INSPECTOR POLICE, POTHANICADU. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.25317 OF 2009 -------------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioners challenge the installation of a Mobile Telecommunication Tower by the 5th respondent in an item of land belonging to the 4th respondent. There is an interim order in this case preventing energisation of the Tower. The fundamental plea, as projected by the learned counsel for the petitioner, is that the Panchayat has issued the building permit in a routine and casual manner, without considering whether the installation will come under the Kerala Panchayat Raj (Issue of license to dangerous and offensive trades and factories (Rules), 1996. It is also stated that the safety of the citizens of the locality will be affected and the basement of the Tower would cover 370 m2. It appears that, after this Writ Petition was filed, the operator has been given an order by this Court for police protection, subject to the condition that the installation shall be strictly with the permission of the appropriate authorities. The petitioners do not have the case that the W.P.(C) No.25317/2009 2 competent authorities have not granted permission. The petitioners also state that there is a civil dispute pending between the petitioners and the 4th respondent and certain interim orders have been issued in that case. The petitioner states that the clearance of the Pollution Control Board may also be necessary. This depends upon whether the clearance of that authority is necessary, having regard to the nature of the installation. As of now, the Pollution Control Board insists for clearance only when Diesel Generator set and other equipments are used. Bereft of that, the petitioner does not have a case that there is violation of any of the provisions of Chapter 19 of the Kerala Municipality Building Rules, 1999, which govern Telecommunication Towers. Therefore, unless it is shown that those Rules have been violated, the Panchayat cannot be found fault for having issued the licence. The petitioners' case of health hazards are only vague and does not in any manner appeal, in the light of the decision of the Division Bench of this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4)KLT 695]. W.P.(C) No.25317/2009 3 The Writ Petition fails and the same is accordingly dismissed. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps