IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 13000 of 2008(V) -------------------------- PETITIONER: ------------ M/S.IDEA CELLULAR LTD FORMERLY M/S.IDEA MOBILE COMMUNICATIONS LTD., SECOND FLOOR, MERCY ESTATE, RAVIPURAM, COCHIN - 682 015 REPRESENTED BY ITS SENIOR MANAGER, SRI.RAMACHANDRAN C. BY ADV. SRI.SANTHOSH MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 13000 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 JUDGMENT The grievance of the petitioner company which provides mobile telephone services, is that secretaries of the local authorities within whose areas the company has constructed base transceiver stations are refusing to issue use certificates under Rule 142(2) of the Kerala Municipalities Building Rules 1999 inspite of the submission of completion certificates in form E and F certifying the fact that all the towers constructed by the petitioner are in accordance with the building permit and also the provisions of the Kerala Municipalities Building Rules. It is alleged that various local authorities are without any good reason insisting that before use certificates are issued by them, no objection certificate from the Pollution Control Board is also to be produced by the petitioner. Referring to Rule 142(2) of the Kerala Municipalities Building Rules, the petitioner contends that the secretary of the local authority is bound to issue use certificates in WPC.No.13000/08 2 appendix H allotting a building number to a tower on the basis of which the concerned authorities can allow power connection etc. for use of the service. Once E and F forms are submitted by the petitioner, the Secretary of the Local Authority is expected to verify only whether the construction has been carried out by the petitioner as per the permit and as per the provisions of the KMBR. Once the construction is found to be in compliance with the permit, Secretaries are bound to issue use certificate. 2. Following is the prayer in the writ petition: “Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to direct the local authorities like Panchayats, Municipalities and Corporations to issue Use certificate to the petitioner under Rule 142(2) of the Kerala Municipality Building Rules if the construction is in accordance with the building permit and the provisions of the Kerala Municipality Building Rules 1999 without insisting on no objection certificate from the Pollution Control Board.” 3. On the writ petition coming up for admission, I have heard the submissions of Sri.Santhosh Mathew, learned counsel for the WPC.No.13000/08 3 petitioner and those of Sri.K.J.Mohammed Anzar, Government Pleader who has taken notice on behalf of the respondents. Sri.Santhosh Mathew submitted that the issue is covered by the judgment of this court in W.P.(C)No.8221/08 and that judgment has attained finality. Learned counsel placed before me a copy of the judgment in W.P.(C) No.8221/08. 4. Learned Government Pleader was not able to resist the submission of Sri.Santhosh Mathew that the judgment in W.P.(C)No.8221/08 has attained finality. 5. The question which arises in this case is whether the insistence of the local authority that the petitioner should produce consent letter from the Pollution Control Board before issuing use certificates under Rule 142(2) is justified. Ext.P11 is the copy of the reply given to the petitioner by the Special Information Officer, Directorate of Panchayats, Thiruvananthapuram to a question whether consent from the Pollution Control Board is necessary before issuing use certificates under Rule 142(2). It is clear from Ext.P11 that such a consent is not necessary. I had noticed in my judgment in W.P.(C) WPC.No.13000/08 4 No.8221/08 that a perusal of the Rules will also show that clearance from the Pollution Control Board is not necessary for the issuance of a use certificate in terms of Rule 142(2). For the reasons stated in that judgment, the petitioner is entitled for relief. Writ petition accordingly is allowed issuing the following directions: The respondents are directed to issue appropriate instructions to the local authorities such as Panchayats, Municipalities and Corporations coming within their domains to issue use certificate to the petitioner under Rule 142(2)of the Kerala Municipalities Building Rules once it is seen that the claims in the completion certificates submitted in Form E and F contemplated by Rule 142(1) that the construction has been strictly in accordance with the permit and Rules and that there is a structural stability certificate issued by a competent structural engineer in respect of the constructions ( in cases where towers are constructed upon the buildings), that local authorities shall issue use certificates under Rule 142(2) of the KMBR without insisting on no objection certificate from the Pollution Control Board. The petitioner is permitted to produce copies of this judgment before the WPC.No.13000/08 5 local authorities to whom they have applied for use certificates and the local authorities will consider the applications for use certificate in the light of what is stated herein above. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.13000/08 6