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. 31804 of 2009(U) -------------------------- PETITIONER(S): --------------- ASHRAF, S/O.MAITHEEN KUNJU, AGED 55 YEARS, PONNARIYIL, MAYYANADU, KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. MAYYANADU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MAYYANADU, KOLLAM DISTRICT. 2. TATA WIRELESS, JJ INFO SERVICE LTD., COCHIN, REP. BY ITS MANAGER. 3. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, REP. BY ITS ENVIRONMENTAL ENGINEER. 4. SANTHOSH KUMAR, AGED 40 YEARS, PULLIVILA VEEDU, KOOTTIKADA, MAYYANADU, KOLLAM DISTRICT. R3 BY SRI.M.K.CHANDRAMOHAN DAS, S.C. 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.31804 OF 2009 ------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Notice to respondents 1, 2 and 5 dispensed with, preserving their right for re-hearing of the matter, if aggrieved. Standing counsel appears for the third respondent. The petitioner complains that the second respondent is going to erect a mobile tele-communication tower in a property 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 first 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 terms of the statutes which govern the installation WPC.31804/09 2 of mobile telecommunication towers. This writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/11.