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. 12656 of 2009(B) ---------------------------------------- PETITIONER(S): ----------------------- SATHEESH KUMAR, S/O.KRISHNA PILLAI, PRESIDENT, ACTION COUNCIL AGAINST THE INSTALLATION OF RELIANCE MOBILE TOWER IN VENGA IN MYNAGAPPALLY GRAMA PANCHAYATH, RESIDING AT SATHEESH BHAVANAM, VENGA, MUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S): ------------------------------ 1. MYNAGAPPALLY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MYNAGAPPALLY P.O., KOLLAM DISTRICT. 2. MYNAGAPPALLY GRAMA PANCHAYATH COMMITTEE, REP. BY ITS PRESIDENT, MYNAGAPPALLY, KOLLAM DISTRICT. 3. RELIANCE TELECOM INDUSTRIAL LIMITED, A&P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHARA, KOCHI, REP. BY ITS MANAGER. 4. THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS, THIRUVANANTHAPURAM. R1 & R2 BY ADVS.MR. K.SIJU, MR.S.SUDHEESHKAR, MR.PRATHEESH.P. R3 BY MR.V.G.ARUN, MR.T.R.HARIKUMAR. 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.12656/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 21.1.09 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. P2:- COPY OF THE MASS PETITION DTD. 21.3.99 BEFORE THE IST RESPONDENT. P3:- COPY OF THE NEWS REPORT APPEARED IN MATHRUBHOOMI DT. 11.1.09. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 12656 OF 2009 -------------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner seeks a direction to respondents 1 and 2 to prevent the 3rd respondent from functioning the Mobile Telecommunication Tower. By Ext.P1, the Tribunal for Local Self Government Institutions has cleared the issue of building permit for that structure. The petitioner is the President of an Action Council. The members of which are stated to have filed Ext.P2 representation. Though the basic contend of Ext.P2 relates to allegation that the Tower installed would be adverse to public interest, the allegations therein are vague in as much as no specific ground of any particular objection relatable to health or other ground as could be taken cognisance of by courts is pointed out. At any rate, in terms of the detailed findings and orders of this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4)KLT 695], wherein the Division Bench has categorically stated that matters W.P.(C) No.12656/2009 2 relevant to the issue in hand, the petitioners have not made out any sustainable case. The Writ Petition fails and the same is accordingly dismissed. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps