IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WA.No. 879 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7820/2009 Dated 28/10/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. SANDEEP, S/O.KUMARAN, AGED 26 YEARS, POTTANCHERY HOUSE, THEYYALUNGAL POST, TANUR VIA, MALAPPURAM DISTRICT. 2. RAJESH BABU, S/O.KRISHNAN, AGED 33 YEARS, POTTANCHERY HOUSE, THEYYALUNGAL POST, TANUR VIA, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT. 4. NANNANBRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, NANNAMBRA GRAMA PANCHAYATH OFFICE, NANNAMBRA POST, MALAPPURAM DISTRICT. 5. RELIANCE INFRATEL LIMITED, A & P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHARA, KOCHI. R1 TO R3 BY G.P. SMT. K. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.A. No. 879 OF 2010 & C.M. Appln. 435 of 2010 -------------------------------------------- Dated this the 7th day of June, 2010 JUDGMENT Ramachandran Nair, J. Belated Writ Appeal is filed challenging the order of the Tribunal for Local Self-Government cancelling the withdrawal of building permit granted to the 5th respondent-company for construction of mobile tower. The appellants are the members of the local public at whose instance, the building permit initially granted by the Panchayath was cancelled by them. Appellants' case is that they were not heard before the Tribunal cancelled the Panchayath order cancelling the permit. We do not find any merit in the objection raised by the appellants because a Full Bench of this Court has held that the allegation of health hazard should not be a ground to deny permission for construction of mobile tower. We do not therefore find anything wrong in the order of the Tribunal cancelling the order issued by the Panchayath withdrawing the building permit issued to the fifth 2 respondent. The learned single Judge rightly upheld the order of the Tribunal. Consequently we dismiss both the Delay Condonation Petition and the Writ Appeal. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk 3