IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 33312 of 2009(S) -------------------------- PETITIONER: ------------- PARISTHITHI SAMRAKSHANA SAMITHY, PALLIMUKKU, REP. BY ITS SECRETARY JACOB JOHN, `SHAJI BHAVAN', VALLIKUNNAM P.O., PUTHENCHANTHA, MAVELIKKARA. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. VALLIKUNNAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYAT OFFICE, VALLIKKUNNAM. 3. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR. 4. SUB INSPECTOR OF POLICE, POLICE STATION, VALLIKUNNAM. 5. INDUS TOWERS LTD., N.H.BYE-PASS, MARADU P.O., KUNDANOOR, REPRESENTED BY PREMA KRISHNAN NAIR, LEGAL HEAD. 6. UNION OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY, MINISTRY OF TELECOMMUNICATION, CENTRAL SECRETARIAT, NEW DELHI. R1 TO R4 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. R6 BY SRI.T.P.M. IBRAHIM KHAN, ASST. SOLICITOR GENERAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.33312 of 2009 ------------------------------------------ Dated this the 3rd day of December, 2009 JUDGMENT A.K. Basheer, J. This writ petition is yet another instance of sheer abuse of judicial process. Petitioner claims that it is a registered organization formed by the people of Pallimukku within the limits of Vallikunnam Grama Panchayat. 2. The grievance of the petitioner is that the said Grama Panchayat is turning a blind eye to the flagrant violation of the Building Rules in allowing respondent No.5 to construct a mobile tower. The case of the petitioner appears to be that the tower is being constructed without observing the distance rule inasmuch as the minimum required three metre distance is not being observed by respondent No.5. 3. Admittedly, Ext.P1 building permit was issued by the Grama Panchayat on November 21, 2008. Learned counsel for W.P.(C) No.33312 of 2009. - 2 - the petitioner fairly concedes before us that the construction of the tower is almost over and what remains is only commissioning of the said tower. On a specific query as to why this writ petition should be entertained at this belated stage, learned counsel only submitted that people became aware of the health hazards of the tower only now. The said apprehension is seen to have been reflected in Ext.P2 representation allegedly submitted by the local people. Curiously, Ext.P2 does not indicate the date on which the said representation was submitted. Still further, any reference to violation of the distance rule is conspicuously absent in Ext.P2. Strangest still, the petitioner is seen to have issued a lawyer notice to the Grama Panchayat seeking its intervention only in October, 2009, about a month ago. 4. We have carefully perused the entire materials available on record. Obviously, the petitioner is actuated by something else, other than public interest and could even be to serve some private interest. The petitioner organization appears W.P.(C) No.33312 of 2009. - 3 - to be only a busy body as is discernible from the materials available on record. In our view, this writ petition is nothing but abuse of process aimed at cornering publicity. 5. In that view of the matter, the writ petition is liable to be dismissed with exemplary costs. We do so. Petitioner shall pay a sum of Rs.25000/- (Rupees twentyfive thousand) as costs to the Kerala Mediation Centre attached to this Court within four weeks from today, failing which it shall be recovered in accordance with law. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns