IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20721 of 2010(M) --------------------------------------- PETITIONER(S): ----------------------- WIRELESS - TT INFO SERVICES LIMITED, REGISTERED OFFICE AT 5TH FLOOR, GOWRA TRINITY, CHIRAN FORT LANE, BEGUMPET, SECUNDERABAD - 500 003 AND CIRCLE OFFICE AT J & CO CHAMBERS, MANIMALA ROAD, EDAPPALLY, COCHIN - 24 THROUGH ITS AUTHORIZED SIGNATORY MR.SUDEVAN V.D. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): ------------------------- 1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM - 1. 2. KOLLAM CORPORATION, REPRESENTED BY SECRETARY, KOLLAM - 1. 3. A.M.JOSEH, KATTUMPURAM, EBENEZER, KILIKOLLUR P.O., KOLLAM – 1. *ADDL. R4 IMPLEADED 4. KERALA STATE POLLUTION CONTROL BOARD, PATTOM, TRIVANDRUM 695 004. REP. BY ITS SECRETARY. *ADDL. R4 IS IMPEADED AS PER ORDER DTD. 26.7.2010 IN IA. 10310/10 IN WPC. 20721/10. ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR ADDL.R4 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R4 SRI.P.CHANDRASEKHAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20721/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PERMIT ISSUED BY 2ND RESPONDENT DT.D 25.8.08. P2:- COPY OF THE COMPLAINT FILED BEFORE THE IST RESPONDENT BY THE 3RD RESPONDENT DT.D 31.3.09. P3:- COPY OF THE ORDER OF THE IST RESPONDENT IN COMPLAINT NO.24/10 DTD. 11.5.2010. P4:- COPY OF THE JUDGMENT IN WPC. 8221/08 DTD. 17.3.08 PASSED BY THIS HONOURABLE COURT. P5:- COPY OF THE INTERIM ORDER IN WPC. 30281/ 08 DTD. 15.10.08 PASSED BY THIS HONOURABLE COURT. P6:- COPY OF THE STUDY REPORT OF WHO DTD. 2.12.05. P7:- COPY OF THE CIRCULAR NO.2750/R.D.2 /09 /LSD DTD. 13.3.2009 ISSUED BY IST RESPONDENT. P8:- COPY OF THE CONSENT ISSUED BY POLLUTION CONTROL BOARD. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 20721 of 2010 --------------------------------------- Dated this the 26th day of July 2011. JUDGMENT The writ petition is filed for a writ of certiorari to quash Ext.P3 order to the extent or directing the petitioner to remove diesel generator and for appointment of a Commissioner to find out health hazards caused from tele-communication tower. 2. Ext.P2 filed by the 3rd respondent is pending consideration before the Ombudsman for Local Self Government Institutions, Trivandrum as complaint No. 24/2010. Ext.P3 is the order of status quo passed by the Ombudsman. 3. The petitioner herein is the 2nd respondent in Ext.P3 complaint. This Court by order dated 26.4.2011 stayed the operation of Ext.P3 order passed by the Ombudsman for Local Self Government Institutions and further issued direction permitting the petitioner to run the Mobile Base Transceiver Station using the diesel generator. Since the issue raised herein W.P.(C) No. 20721 of 2010 2 is pending consideration before the Ombudsman in Ext.P2 complaint which is not finally disposed of till date, there will be a direction to the first respondent to consider and dispose of Ext.P2 complaint in accordance with law within a period of 3 months from the date of receipt of a copy of this judgment. The interim order passed by this court shall continue till the disposal of Ext.P2 complaint. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al