IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 31814 of 2007(K) -------------------------- PETITIONER: ------------ M/S. ESSAR TELECOM INFRASTRUCTURE(P) LTD 41/256,C-19, SECOND LFOOR, MATHER SQUARE OPP.NORTH RAILWAY STATION, COCHIN-682018 REPRESENTED BY EXECUTIVE (SITE ACQUISITIONS & ADMINISTRATION) MR.RAHUL DAS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT: ------------- THALIKULAM GRAMA PANCHAYAT, THALALIKULAM PO, THRISSUR DISTRICT, PIN 680 569 REPRESENTED BY ITS SECRETARY. BY ADV.MR.K.I.SAGEER IBRAHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.31814 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 9th January, 2008 JUDGMENT The prayer in this Writ Petition filed by a company which provides mobile phone services is that Ext.P1 order of the Panchayat rejecting the company's application for permission for installation of a mobile phone tower be quashed. Strong reliance is placed on the judgment of the Division Bench of this court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat (2006(4) KLT 695). 2. I have heard the submissions of Mr.Santhosh Mathew, learned counsel for the petitioner and Mr.K.I.Sageer Ibrahim, counsel for the respondent. 3. Mr.Sageer Ibrahim submitted that the Panchayat was justified in passing Ext.P1 resolution. The proposed tower is on the top of a building which is situated in the market area of the Panchayat which is the commercial heart land of the Panchayat and the same will pose imminent danger to the general public. Counsel also pointed out that in the same area three telephone towers have already been installed and the area cannot afford to have one more tower. Mr.Santhosh Mathew opposes the submissions of Mr.Sageer Ibrahim. Even though the submissions of Mr.Sageer Ibrahim were W.P.C.No.31814/07 - 2 - very strenuous, I am inclined to quash Ext.P1 and direct reconsideration of the issue by the Panchayat since obviously the petitioner-company has not been heard before Ext.P1 order has been passed. Accordingly, I quash Ext.P1 and direct the Panchayat to take a fresh decision. Fresh decision will be taken after hearing the petitioner and a representative of the complainants, if any, before the Panchayat. While taking fresh decision, the Panchayat will have due regard to the judgment of the Division Bench of this court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat (supra) or any other relevant material which the petitioner-company or the complainants will place before the Panchayat during hearing. Fresh decision as directed above will be taken at the earliest and at any rate within three weeks from today. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE