IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 17 of 2010(B) --------------------------- PETITIONER(S): ----------------- DISHNET WIRELESS LTD,NO.9419/33/2365, R.R.ARCADE,GEETHANJALI BUS STOP,NH BYPASS, THAMMANAM.P.O,VYTTILA,KOCHI-32,REPRESENTED BY ITS AUTHORISED SIGNATORY AND CIRCLE MANAGER LEGAL, V.K.SAJITH. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------- 1. THE SUB INSPECTOR OF POLICE, KOORACHUNDU POLICE STATION, KOZHIKODE DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KOYILANDY,KOZHIKODE DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KOZHIKODE DISTRICT. 4. MR.RADHAKRISHNAN,KARUVAGIAL HOUSE, KOTTUR.P.O,KOZHIKODE-679 614. 5. MR.SREEDHARAN,KURAVAGIAL HOUSE, KOTTUR.P.O,KOZHIKODE-679 614. 6. MR.CHEKKINI,VARAPURATHUKANDI HOUSE, KOTTUR.PO,KOZHIKODE-679 614. GOVT. PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS EXT.P1:- COPY OF THE RELEVANT PAGES OF THE LICENSE AGREEMENT DATED 18/12/06. EXT.P2:- COPY OF THE BUILDING PERMIT NO.317/09-10 DATED 01/10/2009. EXT.P3:- COPY OF THE COMPLAINT DATED NIL. EXT.P4:- COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 04/11/09. EXT.P5:- COPY OF THE CHART COMMUNICATION THROUGH ABTS. EXT.P6:- TRUE COPY OF THE CHART SHOWING THE COMPARISON BETWEEN MOBILE BASE STATIONS AND OTHER SOURCES OF RADIO FREQUENCY EMR. EXT.P7:- COPY OF THE REPORT DATED 06/10/04. EXT.P8:- TRUE COPY OF THE LETTER DATED 04/11/08. EXT.P9:- COPY OF THE REPORT OF THE WORLD HEALTH ORGANIZATION DATED MAY,2 006. EXT.P10:- COPYO F THE JUDGMENT IN WPC NO.33255/09 DATED 23/11/09. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17 of 2010 ------------------------------------------------ Dated this the 23rd day of September, 2011 JUDGMENT Abdul Rehim, J Petitioner is approaching this court seeking police protection for establishment of a Base Transceiver Station (Mobile Tower). The allegation is that the respondents 4 to 6 are causing obstructions for establishment of the Mobile Tower alleging apprehended health hazards due to transmissions from the tower. According to the petitioner, the construction is conducted on the strength of requisite Building Permit obtained from the Local Authority. 2. We notice that at the time when the Writ Petition came up for admission, this Court granted an interim order on 05/01/10 directing to grant necessary protection to remove obstructions if any caused. It is stated by the learned counsel appearing for the petitioner that on the strength of the interim order protection was afforded and W. P. C. No.17 of 2010 -2- construction of the tower stands completed. Therefore, we do not find any reason for continuing the interim order or to grant any relief as sought for. 3. However, we make it clear that if there is any obstructions regarding energisation of the tower or in continuing its maintenance and operations, the petitioner will be at liberty to seek appropriate remedy on the basis of such fresh cause of action. 4. The Writ Petition is accordingly, closed. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-