IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 34995 of 2007(N) ----------------------------------------- PETITIONER: --------------------- JAYAN, AGED 52 YEARS, S/O GOVINDAN, KUTTIKKATIL HOUSE, KATTOOR P.O., THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------------------ 1. KATTOOR GRAMA PANCHAYAT, REPRESENTED BY SECRETARY, KATTOOR, THRISSUR DIST. 2. BHARATI AIRTEL LIMITED, KUNDANOOR, MARADU P.O., KOCHI, REPRESENTED BY MANAGER. 3. THE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, THRISSUR. 4. THE ELECTRICAL INSPECTOR,(CLARIFICATION) THRISSUR. 5. V.M.MUHAMMED BASHEER, VALIYAKATH HOUSE, PANICKARMOOLA, KATTOOR P.O., THRISSUR DIST. R2 BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN R3 BY ADV. SRI. M.K.CHANDRAMOHAN DAS,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34995/2007 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MASS PETITION FILED BY PETITIONER AND OTHERS DTD. 4/10/07. EXT.P2: COPY OF THE LETTER DTD. 07/11/07 OF THE 1ST RESPONDENT PANCHAYAT. EXT.P3: COPY OF THE RESOLUTION DTD. 15/09/07 OF THE 1ST RESPONDENT PANCHAYAT. EXT.P4: COPY OF THE INTERNATIONALLY ESTABLISHED PROTECTION REGARDING THE SAFETY OF INSTALLING MOBILE TELEPHONE TOWER MENTIONED IN “CELLULAR ALERT” CANADA. 2ND RESPONDENT'S ANNEXURES: ANNEXURE R2(1): COPY OF JUDGMENT IN WP(C) 8630/07. ANNEXURE R2(2): COPY OF THE PERMIT DTD. 17/09/2007 ISSUED BY THE 1ST RESPONDENT. ANNEXURE R2(3): COPY OF THE LETTER DTD. 17/01/2008 SENT BY SRI. K.J.SIJU TO THE INFORMATION OFFICER, DIRECTORATE OF PANCHAYAT, TRIVANDRUM. ANNEXURE R2(4): COPY OF THE LETTER DTD. 1/02/2008 SENT BY THE STATE PUBLIC INFORMATION OFFICER, O/O. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 34995 OF 2007 ----------------------------------------------- Dated this the 12th day of March, 2008 J U D G M E N T The issue which prominently arises for determination in this case is whether it is necessary for the mobile telephone company to obtain a licence from the Panchayat as per rule 12 of the D & O Rules before installing the tower. I am of the view that the said issue should be decided by the Panchayat in the first instance. I therefore dispose of the writ petition directing the first respondent Panchayat to hear the petitioner as well as the 2nd respondent on this issue at the earliest, i.e., at any rate, within three weeks of receiving copy of the judgment. Panchayat will take a decision on the basis of the hearing as directed above and communicate the same to the petitioner as well as the company. Status quo will continue till orders are passed by the Panchayat as directed herein above. (PIUS C.KURIAKOSE, JUDGE) ksv/12308