IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25479 of 2011(H) -------------------------- PETITIONER(S): -------------- ABDUL GAFOOR, S/O KUNHI MOIDEEN, AGED 38 YEARS, RESIDING AT EDAVAZHIKKAL HOUSE, KANDAMKULAM DESOM, METHALA VILLAGE, KANDAMKULAM POST, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN 680 669. BY ADV. SRI. K.P. RAMACHANDRAN SRI. M.G. SATHEESH SMT. SHOBA NAIR RESPONDENT(S): -------------- 1. STATE OF KERALA, REP.BY SECRETARY (HEALTH), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. SECRETARY (HOME), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN 695 001. 3. SECRETARY TO GOVERNMENT, LOCAL SELF ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 4. DISTRICT COLLECTOR-THRISSUR, CIVIL STATION, THRISSUR, PIN 680 003. 5. DISTRICT MEDICAL OFFICER-THRISSUR, OFFICE OF THE DISTRICT MEDICAL OFFICER, THRISSUR. 6. CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PATTOM POST, TRIVANRDUM, PIN 695 004. 7. VILLAGE OFFICER, METHALA VILLAGE OFFICE, KANDAMKULAM POST, THRISSUR DISTRICT, PIN 680 669. 8. KODUNGALLUR MUNICIPALITY, REP.BY ITS SECRETARY, KODUNGALLUR MUNICIPAL OFFICE, KODUNGALLUR POST, THRISSUR DISTRICT, PIN 680 664. 9. SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, KODUNGALLUR POST, THRISSUR DISTRICT, PIN 680 664. 10. CIRCLE INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION,KODUNGALLUR POST, THRISSUR DISTRICT, PIN 680 664. 11. POSIDON INFRASTRUCTURE PVT.LTD., REGISTERED OFFICE AT GOKUL BUILDING, VISHRAM BHAG, SANGLI, MAHARASHTRA STATE, PIN 416 415, REP.BY ITS MANAGING DIRECTOR, MR. RAMESH GUNANI, BRANCH OFFICE AT MIG-151, SRISAILAM, GANDHINAGAR, ERNAKULAM, PIN 682 020. 12. MINI, W/O SALEESH, AGED 32 YEARS, THALAPPILLI HOUSE, KANDAMKULAM DESOM, METHALA VILLAGE, KANDAMKULAM POST, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN 680 669 FOR R1 TO R5 & R7 TO R10 BY GOVT. PLEADER SRI.MOHAMMED SHAFI M FOR R6 BY ADV. SRI. M.K. CHANDRAN MOHAN DAS, SC FOR R11 BY ADV. SRI. S. KRISHNA PRASAD, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 25479 of 2011(H) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE PHOTOSTAT COPY OF The MASS REPRESENTATION, CONSISTING OF 813 LOCAL INHABITANTS, SUBMITTED BEFORE THE KODUNGALLUR MUNICIPAL CHAIRMAN AND SECRETARY. EXHIBIT P2: TRUE PHOTOSTAT COPY OF THE KODUNGALLUR MUNICIPALITY COUNCIL AGENDA AND ITS DECISION DATED 3/3/2011. EXHIBIT P3: TRUE PHOTOSTAT COPY OF THE EXPARTE ORDER DATED 31/5/2011 IN APPEAL NO.209/2011 OF THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXHIBIT P4: TRUE PHOTOSTAT COPY OF THE ORDER DATED 28/7/2011 IN WPC NO.20016/2011 OF THE HONOURABLE KERALA HIGH COURT. EXHIBIT P5: TRUE PHOTOSTAT COPY OF THE PLAINT IN OS NO.748/2011 FILED BY THE WRIT PETITIONER BEFORE THE HONOURABLE MUNSIFF'S COURT, KODUNGALLUR ON 28/7/2011, NOW PENDING THEREON. EXHIBIT P6: TRUE PHOTOSTAT COPY OF THE ROUGH PLAN AND COMMISSION REPORT DATED 8/8/2011 FILED BY THE LEARNED ADVOCATE COMMISSIONER APPOINTED BY THE HONOURABLE MUNSIFF'S COURT,KODUNGALLUR IN OS NO.748/2011. EXHIBIT P7: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN MALAYALA MANORAMA DAILY DATED 30/7/2011 AND IN MATHRUBHOOMI DAILY DATED 29/7/2011. EXHIBIT P8: TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 27/8/2011 , SUBMITTED BY ONE MULLEZHATH VIJAYAN BEFORE THE KODUNGALLUR MUNICIPALITY SECRETARY AND KODNGALLUR TAHASILDAR. EXHIBIT P9: TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY LOCAL INHABITANTS BEFORE THE KODUNGALLUR MUNICIPAL SECRETARY. EXHIBIT P10: TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY LOCAL INHABITANTS BEFORE THE KODUNGALLUR TALUK VIKASANA COMMITTEE. EXHIBIT P11: TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY LOCAL INHABITANTS REPRESENTED BY THE WRIT PETITIONER, RDO,TRICHUR. EXHIBIT P12: TRUE PHOTOSTAT COPY OF THE STOP MEMO/STOP NOTICE DATED 7/9/2011,ISSUED BY THE KODUNGALUR MUNICIPALITY SECRETARY. EXHIBIT P13: TRUE PHOTOSTAT COPY OF THE RESEARCH REPORT OF THE KERALA ENVIRONMENTAL RESEARCH ASSOCIATION, KOLLAM, REGARDING THE HAZARDOUS IMPACT OF MOBILE TOWER. EXHIBIT P14: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN THE MATHRUBHOOMI DAILY DATED 2/11/2010 AND IN MADYAMAM DAILY DATED 2/11/2010. EXHIBIT P15: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN THE HINDU DAILY DATED 5/1/2011. EXHIBIT P16: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN THE MALAYALA MANORAMA DAILY DATED 4/2/2011. EXHIBIT P17: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN THE MANGALAM DAILY DATED 7/5/2011. EXHIBIT P18: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN THE SUNDAY EXPRESS DATED 15/8/2010. EXHIBIT P19: TRUE PHOTOSTAT COPY OF THE INTERIM STAY ORDER DATED 18/6/2010 OF THE HONOURABLE KERALA HIGH COURT IN WPC NO: 18968/2010. EXHIBIT P20: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN THE HINDU DAILY DATED 24/8/2011. EXHIBIT P21: TRUE PHOTOSTAT COPY OF THE NEWS REPORTED IN THE JANAYUGAM DAILY DATED 29/11/2010, CHANDRIKA DAILY DATED 29/11/2010 AND IN INDIAN EXPRESS DAILY DATED 29/11/2010. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 25479 OF 2011 ------------------------------- DATED THIS THE 26TH DAY OF SEPTEMBER, 2011 JUDGMENT Heard the learned counsel or the petitioner, Standing counsel for the Pollution Control Board, counsel for the 11th respondent and the Government Pleader. 2. This writ petition is filed seeking the following reliefs: “To stay the further working of any construction or erection of the Telecommunication tower and energizing and erecting transmitter in the mobile tower in Sy.No.639/2 in Methala Village, until and subjected to the final disposal of the civil suit filed by the petitioner, numbered as O.S.7498/2011, pending before the Munsiff's Court, Kodungallur, and To direct the respondent No.8 to finalise and extend the period of Ext.P12 stop memo/stop notice until and saubject to the final disposal of O.S.No.748/2011 pending before the Munsiff's Court, Kodungallur.” 3. Petitioner is aggrieved by the erection of mobile -2- W.P.(C).No.25479/2011 tower in Sy.No.639/2 in Methala Village. Respondent No.11 had erected the mobile tower, after obtaining valid permit from the Municipality. According to the petitioner, the 11th respondent is making construction of the tower in the site and due to heavy piling works, the houses situated in the surrounding area started wrenched and the members of the houses including the very old aged persons and permanent patients are suffering from various chronic diseases. Petitioner filed O.S.No.748/2011 before the Munsiff's Court, Kodungallur for permanent prohibitory injunction. Respondent No.11 is the 2nd defendant in the said suit. According to the petitioner, the construction of the tower is causing severe health hazards, destruction and danger to the life and property of the nearby residents and to the general public and also there would be public nuisance. Ext.P5 is the copy of the O.S.No.748/2011. Petitioner is the plaintiff and the 11th respondent is the 2nd defendant in the said suit. The suit was filed claiming reliefs against the construction of the mobile tower. The very same -3- W.P.(C).No.25479/2011 grounds urged in the writ petition are canvassed before this Court. Having found that the matter is pending before the civil court, it is for the petitioner to prefer necessary applications before the civil court for appropriate reliefs. The reliefs claimed in the writ petition are not allowable. Writ Petition is dismissed without prejudice to the petitioner's right to approach the civil court for appropriate reliefs. HARUN-UL-RASHID, Judge. kcv.