IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WA.No. 1713 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.2552/2008 Dated 09/07/2008 .................... APPELLANT/FIRST RESPONDENT ------------------------------------------------ THE SECRETARY, PATTANAKKADU GRAMA PANCHAYATH (SPECIAL GRADE), PATTANAKKAD.P.O, ALAPPUZHA. BY ADV. SRI. J.OMPRAKASH RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO 4 ---------------------------------------------------------------------------------- 1. T.M. MURALEEDHRAN NAIR, S/O. LATE MADHAVA PANICKER, THAIVEEDUMVELI HOUSE, PATTANAKKAD.P.O, CHERTHALA. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 3. RELIANCE COMMUNICATIONS LTD., A & P ARCADE, SAHODARAN AYYAPPAN ROAD,KADAVANTHRA, KOCHI, REPRESENTED BY ITS DULY CONSTITUTED POWER OF ATTORNYE HOLDER, THE CIRCLE LEGAL MANAGER. 4. SOLIDARITY YOUTH MOVEMENT, PONNANVELI UNIT, PATTANAKKAD.P.O, CHERTHALA, REPRESENTED BY ITS PRESIDENT K.S. KABEER, AGED 31, S/O.N.M.SYED MOHAMMED (LATE), MANNALANGATTU HOUSE, PATTANAKKAD.P.O, CHERTHALA, ALAPPUZHA DISTRICT. R1 BY ADV.SRI.P.K.IBRAHIM R3 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2009, ALONG WITH WA NO. 1578 OF 2008 & WA NO.1714 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.Nos.1578, 1713 & 1714 of 2008 ------------------------------------------ Dated, this the 7th day of August, 2009 JUDGMENT Kurian Joseph, J. The issue raised in these writ appeals pertains to the question of setting up of telecommunication tower. It appears, the Grama Panchayat had initially granted no objection certificate. When the Company started construction, the Grama Panchayat taking note of the objections of the neighbours, cancelled the same. The matter was taken up before the Tribunal for Local Self Government Institutions and thereafter before this Court. The factual position emerging as of now is that the Tribunal for Local Self Government Institutions had interfered with the interim order passed by the Grama Panchayat. The learned Single Judge has set aside the final order passed by the W.A.No.1578/2008, etc. - 2 - Grama Panchayat and thus aggrieved the neighbours and the Grama Panchayat have come up in appeals. 2. After having heard learned counsel on both sides, we find that the Grama Panchayat has to take a fresh decision particularly in view of the fact that the Building Rules have been made applicable during the pendency of the proceedings before this Court. We also find that yet another telecommunication tower is functioning in the same premises and that also is a crucial factor that has to be taken note of by the Grama Panchayat in the process. It is also submitted that during the pendency of the proceedings before this Court the Grama Panchayat has in fact granted permission for other service providers to set up their towers. These are all matters for the parties to take up before the Grama Panchayat. 3. Therefore, we dispose of these writ appeals directing the Grama Panchayat to take a fresh decision in the matter in the event of the service providers filing fresh applications. We make it W.A.No.1578/2008, etc. - 3 - clear that the decision shall be taken by the Grama Panchayat untrammelled by the observations and findings in the order of the Tribunal and the judgment of the learned Single Judge. The service providers as well as the objectors who are parties to these writ appeals shall be afforded an opportunity of hearing. Fresh decision as above will be taken by the Grama Panchayat within a period of one month from the date of receipt of a copy of this judgment. We also make it clear that merely because a service provider has filed a fresh application, the action already taken by the service provider pursuant to the interim order passed by this Court shall not be held to be otherwise illegal. Writ appeals are disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns