IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32157 of 2009(L) -------------------------- PETITIONER(S): --------------- SASIKUMAR.T.K., S/O.KUNJUNNI, AGED 49 YEARS, RESIDING AT THOPPIL HOUSE, NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY SMT.K.S.SUMITHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. UDAYAMPEROOR GRAMA PANCHAYAT, UDAYAMPEROOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 3. INDUS TOWERS LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS CIRCLE OFFICE AT, 8TH FLOOR, VANKARATH TOWERS, NH BYPASS, PALARIVATTOM, COCHIN-24. 4. SABU, S/O.RAMAN, AGED 52 YEARS, PROPRIETOR TRIPTHI HOTEL, NADAKKAVU P.O., UDAYAMPEROOR. R1 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32157 OF 2009 ------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Notice to respondents 2 to 4 dispensed with, preserving their right for re-hearing of the matter, if aggrieved. Learned Government Pleader appears for the first respondent. The petitioner complains that the third respondent is carrying on with illegal construction of a mobile tele- communication tower in a building belonging to the 4th respondent, which is near to the residence of the petitioner. The only complaint of the petitioner that could be entertained is that the erection is in violation of the relevant provisions of the Kerala Municipality Building Rules and without statutory clearance. Hence, it is ordered that the second respondent will ensure that the tower is not installed, unless it satisfies the relevant provisions of the KMBR and the same is being installed with the consent and sanction of the appropriate authorities in WPC.32157/09 2 terms of the statutes which govern the installation of mobile telecommunication towers. This writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/11.