IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38509 of 2010(K) -------------------------- PETITIONER: --------------- IBRAHIMKUTTY,AGED 54 YEARS,SULPHIKKAR MANZIL,VENGA PO,MYNAGAPPALLY VILLAGE, KUNNATHOOR, KOLLAM,PIN 690 519. BY ADV. SRI.SOORANAD S.SREEKUMAR RESPONDENTS: --------------- 1. GRAMA PANCHAYAT MYNAGAPPALLY,REP.BY SECRETARY,GRAMA PANCHAYAT MYNAGAPPALLY 690 519. 2. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION,REP.BY ITS SECRETARY, THIRUVANANTHAPURAM MEDICAL COLLEGE PO, THIRUVANANTHAPURAM-6. 3. M/S.INDUS TOWERS LIMITED,REGIONAL OFFICE , VENKARATH TOWERS, 8TH FLOOR, PALARIVATTOM, KOCHI-25,REP.BY ITS LEGAL HEAD PREMAKRISHNAN NAIR.M.N. 4. SHIBU MATHEW, S/O.MATHEW PARTNER,PALATHA RA CONSTRUCTIONS, PALATHARA HOUSE, THURUTHY PO,CHANGANASSERY,KOTTAYAM-4. 5. SRI.IBRAHIMKUTTY,S/O.LATE MUHAMMED KUNJU,MAVILA KIZHAKKATHIL,PALLISSERICKAL.PO, SASTHAMCOTTAH 690 521. SENIOR GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 38509 OF 2010 -------------------------- Dated this the 23rd day of December, 2010 J U D G M E N T Ext.P3 order passed by the Tribunal for Local Self Government Institutions allowing the appeal filed by respondents 3 and 4 is under challenge in this writ petition. By that order, the Tribunal for Local Self Government Institutions set aside the decision taken by the Secretary of Mynagapally Grama Panchayat on 3.5.2010 to revoke the building permit issued to respondents 3 and 4 for the construction of a Mobile Base Transceiver Station. The Tribunal held by the impugned order that the committee of the Panchayat did not have jurisdiction or authority to revoke the permit and that the reason stated namely objection by a large number of persons is not a ground enumerated in rule 16 of the Kerala Municipality Building Rules to cancel the permit. The main contention raised in this writ petition is that the operation of the mobile tower will constitute a danger to public health. Apart from the ipse-dixit of the petitioner, the petitioner has not produced any cogent material to establish the said contention. In such circumstances, I am not inclined to entertain this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2 WPC No. 3