IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 1601 of 2008(N) ------------------------- PETITIONER: ------------ M/S. IDEA MOBILE COMMUNICATIONS LTD., 2ND FLOOR, MERCY ESTATE, RAVIPURAM, COCHIN-682 015, REPRESENTED BY ITS SENIOR MANAGER, SRI.RAMACHANDRAN C. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------- 1. THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE TOWN PLANNING OFFICER, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Pius C. Kuriakose, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1601 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January,2008 JUDGMENT Challenge in this writ petition is against Ext.P1 notice issued by the Corporation to the petitioner refusing to entertain the application for construction of Mobile Base Station on the ground that there is objection from the people of the locality regarding the proposal of the tower. 2. Sri. P.K. Manojkumar standing counsel for the Corproation takes notice on behalf of the respondents. 3. I have heard the learned counsel for the petitioner and the learned standing counsel. 4. It is not known as to what was the ground on which the people of the locality objected to installation of the tower. In all probabilities the same is on the ground that the installation of the tower will cause health hazard to the people of the locality. The issue is covered by a decision of the Division Bench of this Court reported in Reliance Infocom Ltd. V. Chemanchery Grama Panchayat (2006(4) WPC 1601/08 2 KLT 695) wherein this Court held that installation of Mobile Base Station and energisation of tower would not cause any health hazards. 5. In the above circumstances, I quash Ext.P1 and direct the respondents to take a fresh decision on the matter after hearing a representative of the petitioner and representative of the persons who filed the complaint before the Corporation within three weeks of receiving copy of this judgment. While taking fresh decision, as directed above, the Corporation will have regard to the dictum laid down in Reliance Infocom Ltd. V. Chemanchery Grama Panchayat (Supra) and any other relevant materials, which may be produced either the parties. The writ petition is disposed of as above. Pius C. Kuriakose, Judge. mn. WPC 1601/08 3