IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 25419 of 2011(B) -------------------------------- PETITIONER(S): ------------------ SHAJI MATHEW, PARTNER, PALATHRA CONSTRUCTIONS, CHANGANACHERRY, RESIDING AT: PALATHRA HOUSE, THURUTHY P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): -------------------- 1. THE S.I. OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM DISTRICT-691583. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. CHAVARA GRAMA PANCHAYAT, CHAVARA, KOLLAM DISTRICT-691 583, REPRESENTED BY ITS SECRETARY. 4. VIJAYALAKSHMI, W/O.GOPAKUMAR, "PADMA VILASAM", MUKUNDAPURAM P.O., PUTHUKKATTU, CHAVARA, KOLLAM DISTRICT-691 585. 5. GOKULAN PILLAI, S/O. BHASKARAN PILLAI, KOCHU VEETIL HOUSE, MUKUNDAPURAM P.O., PUTHUKKATTU, CHAVARA, KOLLAM DISTRICT-691 585. WP(C).No. 25419 of 2011(B) -2- 6. RAJKUMAR, S/O. JANARDHANAN PILLAI, KULANGARATHODIL HOUSE, MUKUNDAPURAM P.O., PUTHUKKATTU, CHAVARA, KOLLAM DISTRICT-691 585. 7. BALAKRISHNA PILLAI, "KRISHNA PRASADAM", MUKUNDAPURAM P.O., PUTHUKKATTU, CHAVARA, KOLLAM DISTRICT-691 585. 8. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH 47, PALARIVATTOM, KOCHI-24. REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 9. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.-695001 10. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMINICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110001. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R10 GOVT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25419 of 2011(B) APPENDIX PETITIONER'S EXTS EXT.P1:- COPY OF THE BUILDING PERMIT NO.3563/10 DATED 22/08/11 ISSUED BY THE 3RD RESPONDENT PANCHAYAT. EXT.P2:- COPY OF THE REPRESENTATION DATED 17/09/11 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P3:- COPY OF RECEIPT DATED 17/09/11 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.25419 of 2011 ------------------------------------------------ Dated this the 30th day of September, 2011 JUDGMENT Abdul Rehim, J Petitioner is a contractor who had undertaken construction of a Mobile Tower (Base Transceiver Station) on behalf of the 8th respondent company. The 8th respondent company is providing infrastructure facilities for various Telecom Service Providers. The 8th respondent company is constructing a Mobile Tower in the property belonging to the 4th respondent, on the basis of Ext.P1 Building Permit. It is alleged that respondents 5 and 7 are causing obstructions on the basis of an apprehension that establishment and operation of the Mobile Tower will cause health hazards to the neighbouring residents. Inspite of Ext.P2 complaint submitted by the petitioner before the 1st respondent no effective steps have been taken to remove the physical obstructions caused by respondents 5 to 7 or to afford W. P. C. No.25419 of 2011 -2- protection for continuing with the works. Hence this Writ Petition is filed. 2. Inspite of service of notice from this Court, the party respondents have not entered appearance nor contesting the case. We notice the decision of a Division Bench of this Court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2), KLT 516) wherein the question regarding health hazards from Mobile Tower has been discussed in detail. In view of the dictum laid therein, we are of the opinion that the alleged cause on which the construction is being obstructed is unsustainable. However, we are of the opinion that as long as there is a valid permit issued in favour of the 8th respondent by the 3rd respondent Panchayat, the petitioner is entitled to continue construction of the tower in question. 3. Therefore, we dispose of the Writ Petition directing the 1st respondent to take effective steps to remove obstruction if any caused to the construction of the mobile tower in question, and to afford protection to continue such W. P. C. No.25419 of 2011 -3- works, if found necessary. 4. It is made clear that action as directed above shall be taken immediately on receipt of intimation if any regarding such obstructions. It is also made clear that the directions contained above will not be operative if the Building Permit granted by the 3rd respondent Panchayat is suspended or cancelled. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-