IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 36509 of 2008(U) --------------------------------------- PETITIONER: ------------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P)LTD, 36/2624,FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN-682 017,REPRESENTED BY ASSISTANT MANAGER (LEGAL & SITE ACQUISITION) MR.BABU PATTATHANAM. BY ADVS. MR.SANTHOSH MATHEW, MR.SATHISH NINAN. RESPONDENT: ---------------------- CHIRAKKARA GRAMA PANCHAYAT, CHIRAKKARATHAZHAM P.O., KOLLAM DISTRICT- PIN-691578,REPRESENTED BY ITS SECRETARY. BY ADV. MR.V.VENUGOPALAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36509/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT NO.CHI-BR-154/08-09 DTD. 17/11/2008 ISSUED TO THE PETITIONER BY THE RESPONDENT. EXT.P.2: COPY OF THE RECEIPT NO. 84 DTD. 17/11/2008 ISSUED BY THE RESPONDENT. EXT.P.3: COPY OF THE COMPLAINT FILED BY THE NEARBY RESIDENTS OF THE LOCALITY DTD. 21/11/2008. EXT.P.4: COPY OF THE COMMUNICATION NO. C3-440/08 DTD. 21/11/2008 ISSUED BY THE RESPONDENT. EXT.P.5: COPY OF THE REPLY DTD. 24/11/2008 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P.6: COPY OF THE JUDGEMENT DTD. 03/07/2007 IN W.A. NO. 1596/2007 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P.7: COPY OF THE JUDGMENT DTD. 07/10/2008 IN W.P.(C).NO.29747/2008 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------- W.P.(C). No.36509 OF 2008 ------------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner challenges Ext.P4 stop memo regarding the erection of a Mobile Telecommunication Tower, for which building permit was granted earlier. The impugned action has been taken on the representations of the local people. Ext.P3 representation shows an omnibus objection regarding ill effects of Mobile Telecommunication Towers on health. Such issue does not survives, in view of the Division Bench decision of this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4)KLT 695]. In the result, the Writ Petition is allowed quashing Ext.P4. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps