IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 18474 of 2011(H) -------------------------------- PETITIONER(S): ------------------ INDIA TELECOM INFRA LTD., NO.42/1327 (1), 2ND FLOOR, V.S.ARCADE, POWER HOUSE ROAD, OPP.POWER HOUSE, KACHERIPADI, COCHIN-682 018, REPRESENTED BY ITS AUTHORIZED PERSON BOBY SEBASTIAN, CIRCLE HEAD. BY ADV. SRI.P.SATHISAN RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT-670 001. 2. STATE HOUSE OFFICER, NEW MAHI POLICE STATION, KANNUR-670 003. 3. RATHI P., POOVADAN HOUSE, PL.O.PUNNOL, PARSIKUNNU, THALASSERY-670 101. 4. SUDHA KUNHIRAMA, EDAKODAN HOUSE, P.O.PUNNOL, PARSIKUNNU, THALASSERY-670 101. 5. P.K.JAMAL, JASMIN NIVAS, P.O.PUNNOL, PARSIKUNNU, THALASSERY-670 101. 6. THALASSERY MUNICIPAL COUNCIL, REP.BY ITS MUNICIPAL ENGINEER, KODIYERI VILLAGE, THALASSERY TALUK, KANNUR DISTRICT-670 101. GOVT. PLEADER SRI.T.K.VIPINDAS ADV. SRI.I.V.PRAMOD - R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18474 of 2011(H) APPENDIX PETITIONER's EXTS EXT.P1:- TRUE COPY OF THE LICENSE ISSUED BY GOVT. OF INDIA TO M/W INDIA TELECOM INFRA LTD. DT.16/08/07 (PREVIOUSLY KNOWN AS NK DIGITAL INFRASTRUCTURE SERVICES LTD.). EXT.P1(a):- TRUE COPY OF THE CERTIFICATE ISSUED BY GOVT OF INDIA TO THE PETITIONER SHOWING THE CHANGE OF NAME DATED 19/06/2008. EXT.P2:-TRUE COPY OF RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. EXT.P3:-TRUE COPY OF THE BUILDING PERMIT DT.12/05/11. EXT.P4:-TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P5:-TRUE COPY OF ACKNOWLEDGMENT DT.15/06/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.18474 of 2011 ------------------------------------------------ Dated this the 19th day of July, 2011 JUDGMENT Abdul Rehim, J Petitioner is a company incorporated, providing infrastructure support for telecommunication services. Issue involved in this Writ Petition pertains to construction of a mobile telecommunication tower by the petitioner within the limits of Thalassery Municipality. It is stated that the tower is being constructed on the strength of the Building Permit issued by the Municipality as per Ext.P3. Grievance of the petitioner is that respondents 3 to 5 are causing physical obstruction to the construction works, raising protest that establishment of the mobile telecommunication tower will cause health hazards to the neighbouring residents. Even though the petitioner has filed Ext.P4 complaint before the W. P. C. No.18474 of 2011 -2- second respondent seeking to remove the obstructions and to protect the work, no steps has been taken to afford such protection. Hence, the petitioner is seeking necessary directions from this Court. 2. In spite of service of notice from this court, nobody enters appearance on behalf of respondents 3 to 5 and they have not chosen to contest the Writ Petition. 3. We notice that this Court in the decision in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2), KLT 516) found that establishment of mobile telecommunication tower will not cause any health hazard problem to the neighbouring residents, in view of the scientific studies conducted by the World Health Organization and other agencies. Therefore, we are of the opinion that the apprehension expressed by the respondents 3 to 5 is without any basis. However, it is evident that the petitioner is constructing the telecommunication tower on W. P. C. No.18474 of 2011 -3- the strength of valid Building Permit issued by the 5th respondent/Municipality. Respondents 3 to 5 or anybody else has no right to obstruct such construction being carried in a legal manner. 4. Therefore, we are inclined to direct the second respondent to take steps to remove physical obstruction if any caused to the construction activity of the mobile telecommunication tower in question and to afford adequate protection to complete the work without being obstructed by anybody. 5. The Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.18474 of 2011 -4-