IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 1813 of 2010(B) --------------------------------------- PETITIONER(S): ----------------------- 1. K.S.VINOD, SEETHA BHAVAN, VIZHINJAM STREET, AMMAN KOVIL JUNCTION, NEAR KOVALAM, VIZHINJAM P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. 2. S.RAJESH, MAMOODU VEEDU, VIZHINJAM STREET, VIZHINJAM, NEAR KOVALAM, VIZHINJAM P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. 3. S.R.SIVARAJ, EX-PANCHAYATH MEMBER, VIZHINJAM WARD, VIZHINJAM GRAMA PANCHAYATH THEKKEKUNNATH VEEDU, NEAR KOVALAM, VIZHINJAM STREET, VIZHINJAM P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. 4. M.NAVAZ, IDAVAZHITHALA VEEDU, VIZHINJAM, NEAR KOVALAM, VIZHINJAM STREET, VIZHINJAM P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. 5. NEHRU SMARAKA GRANDHA SALA, VIZHINJAM, VIZHINJAM STREET, NEAR AMMAN KOVIL, REPRESENTED BY ITS PRESIDENT M.JAWAHARLAL, RESIDING AT SUNDARI VIZHINJAM STREET, VIZHINJAM, THIRUVANANTHAPURAM. 6. GOLDEN STREET RESIDENTS ASSOCIATION, VIZHINJAM, REPRESENTED BY ITS SECRETARY B.ANIL KUMAR, RESIDING AT SREE LEKSHMI HOUSE, VIZHINJAM STREET, VIZHINJAM, THIRUVANANTHAPURAM. 7. KERALA POTHU JANAROGYA SAMRAKSHANA SAMITHI, HEAD OFFICE, VIZHINJAM, REPRESENTED BY ITS PRESIDENT, K.JAYAKUMAR, RESIDING AT PUTHEN VEEDU, VIZHINJAM, VIZHINJAM P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.VADAKARA V.V.N.MENON SRI.T.N.SUKUMARAN W.P.(C) NO.1813/2010 RESPONDENT(S): -------------------------- 1. WIRELESS T.T.INFRA SERVICES LTD., REGISTERED OFFICE AT 5-9-1962, 5TH FLOOR, KHAN LATHEEF KHAN ESTATE, FATEH, MAIDAN ROAD, HYDERABAD-500 001, REP. BY ITS MANAGING DIRECTOR. 2. WIRELESS T.T.INFRA SERVICES LTD., CIRCLE OFFICE, J & C CHAMBERS, MANIMALA ROAD, EDAPPALLY, KOCHI-24, REPRESENTED BY ITS MANAGER-INFRASTRUCTURE, SUDEVAN.V.D. 3. VIZHINJAM GRAMA PANCHAYATH, OFFICE OF THE VIZHINJAM GRAMA PANCHAYATH, VIZHINJAM, VIZHINJAM VILLAGE, REPRESENTED BY ITS SPECIAL GRADE SECRETARY. 4. JYOTHI.C, JYOTHI BHAVAN, VIZHINJAM, NEAR AMMAN KOVIL, VIZHINJAM STREET, VIZHINJAM P.O., THIRUVANANTHAPURAM-695 521. 5. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM. R1 & R2 BY ADV. SRI.A.MOHAMED MUSTAQUE R3 BY SRI.PIRAPPANCODE V.SREEDHARAN NAIR, SRI.PIRAPPANCODE V.S.SUDHIR. R4 BY SRI.M.RAMASWAMY PILLAI, SRI.P.M.JOSEPH. R5 BY GOVT. PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1813/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DTD. 6.8.2009 BETWEEN THE 2ND & 4TH RESPONDENTS. P2:- COPY OF THE BUILDING PERMIT NO.103-09-10 DTD. 17.8.09. P3:_ COPY OF THE REPORT BNO.472/06 DTD. 10.2.2006 WITH LOCATION SKETCH PREPARED BYE THE VILLAGE OFFICER, VIZHINJAM. P4:- EIGHT PHOTOGRAPHS TAKEN TO SHOW THE PROPOSED SITE AND OTHER RELEVANT MATTERS. P5:_ COPY OF THE DECISION TAKEN BY THE VIZHINJAM PANCHAYATH PETITION COMMITTEE. P6:- COPY OF THE REPORT OF THE ASSISTANT ENGINEER LSGD SECTION VIZHINJAM GRAMA PANCHAYATH WITH PERMIT CANCELLATION ORDER DT. 13.11.2009. P7:- COPY OF THE LETTER NO.A3-3387/09 DTD. 13.11.2009 SENT BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. P8:- COPY OF THE ORDER DTD. 14.12.2009 IN IA. NO.1420/2009 IN APPEAL NO.1037/09 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION. P8(a):- COPY OF THE IA. 81/10 DTD. 18.1.2010 IN APPEAL NO.1037/09 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, TRIVANDRUM. P8(b):- COPY OF THE ORDER DTD. 21.1.2010 BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, TRIVANDRUM IN IA. 81/10. P8(c):- COPY OF THE ORDER DTD. 23.1.2010 IN APPEAL NO.1037/09 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTION, TRIVANDRUM. P9:- COPY OF THE JUDGMENT DTD. 17.9.08 PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN WPC. 26096/08. P10:- COPY OF THE PETITION DTD. 12.11.2009 SUBMITTED BY THE MANAGER OF THE 2ND RESPONDENT. P11:- COPY OF THE RELEVANT SIX PAGES OF ICNIRP GUIDELINES. P12:- COPY OF THE NEWS PAPER REPORT IN KERALA KAUMUDI DAILY DTD. 3.12.2009. P13:- COPY OF THE NEWS ITEM IN RASHTRA DEEPIKA DAILY. TRUE COPY P.A. TO JUDGE tss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.1813 OF 2010 ------------------------------- Dated this the 16th day of November, 2010 J U D G M E N T The petitioners, seven in number, have filed this writ petition on 8.1.2010 mainly seeking a direction restraining respondents 1, 2 and 4 and their men and agents from installing a telecommunication tower in the property of the fourth respondent or anywhere near the Vizhinjam street, until they are allowed to do so, by a competent civil court. The pleadings and materials on record disclose that though the first respondent was granted a building permit on 17.8.2009 to put up a telecommnication tower in the lands belonging to the fourth respondent, that permit was cancelled by order dated 13.11.2009 issued by the Secretary of the Grama Panchayat. The first respondent thereupon filed Appeal No.1037 of 2009 in the Tribunal for Local Self Government Institutions. The Tribunal has by order passed on 23.1.2010 allowed the appeal, set aside the impugned order and restored the building permit issued to the first respondent. 2. The writ petition was admittedly presented at a time when the building permit did not operate. In view of the order passed by the Tribunal for Local Self Government Institutions restoring the building permit, the reliefs prayed for by the petitioners cannot be granted. If the petitioners are aggrieved by the order passed by the W.P.(C) No.1813 of 2010 2 Tribunal for Local Self Government Institutions, it is for them to challenge the same in other appropriate proceedings. Without prejudice to that right, the writ petition is dismissed. The contentions of both sides are kept open. P.N. RAVINDRAN, JUDGE. nj.