IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 25775 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------- 1. MOHANAN, AGED 49, S/O. KUNJUMON, MAMANU THEKKEKKARA HOUSE, KUMBAZHA, PATHANAMTHITTA. 2. PONNACHAN, AGED 55 YEARS, S/O. YOHANAN, EZHUPURAYIL HOUSE, KUMBAZHA, PATHANAMTHITTA. 3. P.S.MATHEW, AGED 66, S/O.MATHAI SKARIAH, PATHALIL HOUSE, KUMBAZHA, PATHANAMTHITTA. 4. T.A.SAMUEL, AGED 55, S/O. ABRAHAM, THEKKEKKARA HOUSE, KUMBAZHA, PATHANAMTHITTA. BY ADVS. MR.M.T.SURESHKUMAR, MR.R.RANJITH. RESPONDENT(S): --------------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA DIST. 3. THE POLLUTION CONTROL BOARD, REGIONAL OFFICE, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY. 4. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 5. INDUS TOWERS LTD., 8TH FLOOR, VAMKARA TOWERS, BYE-PASS ROAD, PALARIVATTOM, COCHIN-24. 6. DANIEL, KULATHINKAL HOUSE, KUMBAZHA, PATHANAMTHITTA. R1 &R2 BY GOVERNMENT PLEADER MR. I.V. PRAMOD R3 BY ADV. MR. M.K.CHANDRAMOHAN DAS, SC, PCB R4 BY ADV. MR.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25775 of 2009-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of September, 2009. JUDGMENT Petitioners say that there is a panic situation within the limits of the Municipality on account of the proposed installation of a mobile tower in a piece of land belonging to the sixth respondent. They further say that in spite of repeated scoutings to the offices of the State Government officials, LSGIs and the PCB, nothing worthwhile has turned out. The learned counsel for the petitioners points out the judgment of this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat, 2006(4) KLT 695, wherein also this Court had categorically noticed that it may not be within the province of this Court to interfere with such matters. Be that as it may, having regard to the issues raised, it appears that the people have the right to know WPC25775/09 -: 2 :- the ground of any possible threat to their health and life. So much so, any representation of the petitioners pending before the first respondent will be considered, having regard to the larger issues that may arise for decision. It is appropriate that the first respondent gives expeditious consideration to the issues since the realm of management of possible health hazards from mobile towers remains a mystery even to this Court since different materials produced in different cases do not appear to say specifically as to whether the life of the local residents would be jeopardised by the installation of any particular mobile tower and if so, what is the preventive action that the statutory authorities would take. The first respondent will, therefore, consider the matter as expeditiously as possible. All other issues are left open. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/031009