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 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 18429 of 2011(C) ----------------------------------------- PETITIONER(S): ------------------------- 1. INDUS TOWERS LTD. ,CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR,NH -47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD LEGAL, PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O.MATHEW, PALATHARA HOUSE, THURUTHY PO, CHANGANASSERY, KOTTAYAM DISTRICT. ( PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): ---------------------------- 1. THE S.I. OF POLICE, CHOTTANIKKARA ERNAKULAM DISTRICT 682 312. 2. THE C.I. OF POLICE,PIRAVOM, ERNAKULAM DISTRICT 686 664. 3. THE COMMISSIONER OF POLICE, ERNAKULAM 682 011. 4. SUPERINTENDENT OF POLICE, ERNAKULAM 682 011. Kss ..2/- ..2.... WPC.NO.18429/2011 C 5. CHOTTANIKKARA GRAMA PANCHAYAT, CHOTTANIKKARA PANCHAYAT OFFICE, CHOTTANIKKARA, ERNAKULAM DISTRICT 682 312, REPRESENTED BY ITS SECRETARY. 6. KARTHIKEYAN, EDACHERIMALAYIL HOUSE, CHOTTANIKKARA PO, ERUVELY, ERNAKULAM DISTRICT 682 312, 7. KUNJAPPAN @ SKARIAH, POTTAYIL HOUSE, CHOTTANIKKARA PO, ERUVELY,ERNAKULAM DISTRICT 682 312. 8. PRAKASHAN, C/O. PRANAV DECORATION, VATTAPARAMBIL HOUSE, CHOTTANIKKARA PO, ERUVELY, ERNAKULAM DISTRICT 682 312. 9. RAJAN, VATTAPARAMBIL HOUSE, CHOTTANIKKARA PO, ERUVELY,ERNAKULAM DISTRICT 682 312. 10. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 11. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN 20,ASHOKA ROAD NEW DELHI 110 001. R1 TO R4, R10 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R5 BY ADV. SRI.S.SREEKUMAR R6 TO R9 BY ADV. SRI.VARGHESE P.CHACKO R11 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18429/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P3: COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DTD. 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. P4: COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P4(A): COPY OF EXHIBIT P4. P5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. P6: COPY OF BUILDING PERMIT NO.A2-980/11 DTD. 26/05/2011 ISSUED BY THE 5TH RESPONDENT. P7: COPY OF THE REPRESENTATION DTD. 18/06/2011 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT. P8: COPY OF THE POSTAL RECEIPTS. P9: COPY OF THE RECEIPT DTD. 18/06/2011 ISSUED BY THE FIRST RESPONDENT. Kss ..2/- ..2.... WPC.NO.18429/2011 C RESPONDENT'S ANNEXURES: R6(A): COPY OF THE REPRESENTATION DTD. 22/06/2011 FILED BEFORE THE 6TH RESPONDENT CHOTTANIKKARA GRAMA PANCHAYATH BY THE JANAKEEYA SAMITHI. R6(B): COPY OF THE CAVEAT PETITIOIN FILED BY THE PETITIONERS BEFORE THE HONOURABLE SUB COURT, ERNAKULAM. R6(C): COPY OF THE CAVEAT PETITION FILED BY THE PETITIONERS BEFORE THE HONOURABLE MUNSIFF'S COURT, ERNAKULAM. R6(D): COPY OF THE SAID AGENDA DTD. 07/07/2010 ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH. R6(E): COPY OFTHE PETITION DTD. 12/07/2011 FILED BY THE RESPONDENTS AS PER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT BEFORER THE 5TH RESPONDENT. R6(F): COPY OF THE APPEAL DTD. 01/08/2011 FILED BY THE 6TH RESPONDENT. R6(G): COPY OF THE STAY PETITION DTD.01/08/2011 FILED BY THE 6TH RESPONDENT BEFORE THE CHOTTANIKKARA GRAMA PANCHAYATH. R6(H): COPY OF THE RECEIPT NO.5631/2011 DTD. 01/08/2011. R6(I): COPY OF THE DECISION NO.IV(II) DTD. 07/07/2010 ISSUED BY THE 5TH RESPONDENT. R6(J): COPY OF THE AGENDA DTD. 19/03/2011 ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH. R6(K): COPY OF THE DECISION NO.8 DTD. 19/03/2011 ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH. R6(L): COPY OF THE MINUTES BOOK DTD. 27/06/2011 ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH. R6(M): COPY OF THE NOTE DTD. NIL ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 18429 of 2011 --------------------------------- Dated this the 23rd day of August, 2011 JUDGMENT Pius C.Kuriakose ,J. Construction of a mobile tower by the petitioners, provider of mobile telephone services is opposed by party respondents on various grounds including ground that the construction and energisation will result in health hazard to them generally. According to the party respondents the very permit Ext.P6 on the strength of which the petitioners intends to construct the tower itself is the result of a fraud and collusion played upon the Panchayat and between the petitioners and the functionaries of the Panchayat. On 19.7.11 we enquired of the learned counsel appearing for the party respondents as to why the permit in question has not been challenged in accordance with the statutory provisions. The response was that certain copies applied for are yet to be given. In the light of such response we passed an interim order on 19.7.2011 permitting the party respondents to challenge the permit issued to the WP(C).18429/2011 2 petitioners before the competent forum, the Tribunal for Local Self Government Institutions. Even today no appeal is preferred. According to the learned counsel appearing fro the party respondents some more documents are necessary for preferring the appeal and to raise proper grounds. We do not think we are justified in waiting for indefinite period for the appeal to be filed by the party respondents against Ext.P6 permit. We grant to the party respondents three weeks from today to challenge the permit in accordance with law. If the permit is not challenged and interim orders are not obtained from the Tribunal for Local Self Government Institutions staying operation of the permit by the party respondents within a month from today, respondents 1 and 2 will be bound to render requisite protection to the petitioners for the construction of BTS proposed by them on the strength of Ext.P6 permit. The question of energisation of the tower to be constructed will be considered later. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).18429/2011 3