IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 28175 of 2006(D) -------------------------- PETITIONER: ----------------- E.P. RAHIM, AGED 45 YEARS, S/O. ELAMANA PAREETHU PILLAI, ELAMANA HOUSE, THOTTAKKATTUKARA P.O.,THOTTAKKATTUKARA VILLAGE, ALUVA WEST. BY ADV. SRI.RAJIV NAMBISAN RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF TELECOMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, GOVERNMENT OF KERALA, ERNAKULAM. 4. PRINCIPAL GENERAL MANAGER (KERALA CIRCLE), BHARATH SANCHAR NIGAM LIMITED, ERNAKULAM. 5. SECRETARY, ALUVA MUNICIPALITY, ALUVA. BY GOVT. PLEADER SMT. N. SUDHA DEVI. ADVS. SRI. MATHEWS K. PHILIP SRI.C.S.RAMANATHAN, SC, BSNL FOR R.1&R4 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R.3 SRI.V.M.KURIAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C0No. 28175/06 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : COPY OF THE REPRESENTATION DT. 12.10.06 SUBMITTED BY THE PETITIONER BY REG. A.D. POST TO RESPONDENTS 1 TO 5 EXHIBIT P2 : TRUE COPY OF THE POSTAL RECEIPTS. EXHIBIT P3 : TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 35292/2005. /TRUE COPY/ P.A. TO JUDGE. vkm S.SIRI JAGAN, J ================== W.P(C)No. 28175 of 2006 ================== Dated this the 25th day of July, 2008. J U D G M E N T The petitioner is a resident of the Aluva Municipality who objects to the erection of a Telecommunication Tower by the B.S.N.L. within the jurisdiction of the Aluva Municipality. Although there is no stay in this writ petition, on account of the pendency of this writ petition, the Municipality is not considering the application of the B.S.N.L. for building permit. Now both the petitioner as well as the 4th respondent submit that the matter can be considered by the 5th respondent in accordance with law after hearing the petitioner as well as the 4th respondent. In view of the consensus, I dispose of this writ petition with a direction to the 5th respondent to consider and pass appropriate orders on the application for permit submitted by the 4th respondent after affording an opportunity of being heard to the petitioner as well as the 4th respondent, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE rhs