IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 17914 of 2009(H) -------------------------------------- PETITIONER(S): ------------------------ 1. BABU LUISE, S/O. LUISE, AGED 45, THARISIL HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. 2. UTHAMAN, S/O. AYYAPPAN, THEVALATHIL HOUSE, PERINGAZHA KARA,MARADY VILLAGE, MUVATTUPUZHA TALUK. 3. SUNNY LUISE, S/O. LUISE, THARISIL HOUSE, PERINGAZHA KARA,MARADY VILLAGE, MUVATTUPUZHA TALUK. 4. PRADHEESH, S/O. CHACKO, THARISIL HOUSE, PERINGAZHA KARA,MARADY VILLAGE, MUVATTUPUZHA TALUK. 5. SHERIN BABU, S/O. BABU, THARISIL HOUSE, PERINGAZHA KARA,MARADY VILLAGE, MUVATTUPUZHA TALUK. 6. T.T.GOPI, S/O. THAVATHARI, THEVALATHIL HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. 7. T.K.GOPI, THEVALATHIL HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. 8. SABU, S/O. PAPPAN, NADUVILEMURI HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADVS.MR.S.SREEKUMAR MR.P.MARTIN JOSE MR.P.PRIJITH MR.S.VAIDYANATHAN W.P.(C) NO.17914/2009 RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. 2. ARAKUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ARAKUZHA. 3. THE CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA. 4. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA. 5. M/S. INDUS TOWERS LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 WITH ITS CIRCLE OFFICE AT VII/588, 2ND FLOOR, S.L.AVENUE, N.H.BYE PASS 47, KUNDANNOOR, MARADU P.O., KOCHI-682 304. 6. SONY MATHEW, S/O. MATHEW, PALATHRA HOUSE, THURUTHY KARA, CHANGANASSERY. 7. THE POLLUTION CONTROL BOARD, REP.BY ITS SENIOR ENVIRONMENT ENGINEER, GANDHI NAGAR, KOCHI- 20. 8. THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH & FAMILY WELFARE, REP.BY ITS SECRETARY, NEW DELHI. R1 , R3 & R4 BY GOVT. PLEADER MR.V.MANU R2 BY ADVS. MR.T.RAJESH R5 BY MR.P.SATHIS R6 BY MR. V.PHILIP MATHEW R8 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON 28/10/2009 DELIVERED THE FOLLOWING: W.P.(C)NO.17914/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DTD. 7.5.09 SUBMITTED BY THE HARIJAN COLONY PEOPLE TO THE 2ND RESPONDENT. P2:- COPY OF THE MASS PETITION DTD. 7.5.09 SUBMITTED BY PEOPLE IN THE COLONY INCLUDING PETITIONERS TO THE IST RESPONDENT. P3:- COPY OF THE ACKNOWLEDGMENT DTD. 8.5.09. R5(a):- COPY OF THE CERTIFICATE OF INCORPORATION. R5(b):- COPY OF THE TECHINCAL SPECIFICATION LETTER ISSUED BY GOVT. OF INDIA TO HUTCHISSON ESSAR CELLULAR LIMITED. R5(c):- COPY OF THE BUILDING PERMIT. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.17914 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of October, 2009. JUDGMENT 1.The petitioners state that they are residents of a harijan colony within the limits of the second respondent Panchayat. They seek the issuance of a direction to the official respondents to conduct appropriate scientific study on the impact of exposure of mobile base station antennae on human beings and not to charge the mobile base station antennae installed by the fifth respondent. 2.The plea, among the grounds raised, is that the radiation from the antennae will be injurious to health and the health, life and livelihood of the petitioners and other inhabitants of the colony would be adversely affected. 3.The fifth respondent has filed a counter WPC17914/09 -: 2 :- affidavit stating that adequate certificates have been issued by Government of India and that building permit has been appropriately granted. It is pointed out on its behalf that due licences and certificates having been issued, the matter may not be interfered with. 4.It is pointed out on behalf of the petitioners that when Reliance Infocom Ltd., 2006 (4) KLT 895, was decided, no materials were available and that further materials are available, as of now. Though the petitioners contend so, as such there is no material even with the Government to criticise the activity of mobile phone towers as impairing health. These factors have been elaborately considered in Reliance Infocom Ltd. (supra). It has also been noted by this Court in different matters that even the Regional Cancer Centre, a premier institution of national influence, has certified that the emissions from the base stations are much below that which can create any hazard to life of human beings and WPC17914/09 -: 3 :- animals. 5.With the aforesaid materials, it is inappropriate for this Court to issue any direction to the Panchayat not to allow the fifth respondent to energise its mobile base station antennas. For these reasons, this writ petition fails. In the result, this writ petition is dismissed. No costs. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/281009