IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 5746 of 2009(K) ------------------------- PETITIONER(S): --------------- 1. SONY MATHEW,S/O.MATHEW, PALATHARA HOUSE, PALATHARA CONSTRUCTIONS,THURUTHY.PO,CHANGANASSERY, KOTTAYAM DISTRICT. 2. CHARLES PALATHARA, --DO--- --DO-- BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. BISHOP, MALABAR MARTHOMA SYRIAN CHURCH, BETHEL ASHRAM, MANGANAM, KOTTAYAM. 3. ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM. ADV. SRI.BABU VARGHESE FOR ADDL.R4 SRI.C.T.JOSEPH FOR R2 SRI.ROSHIN IPE JOSEPH FOR R2 SRI.JOE POLLAYIL FOR R2 MS.SUDHADEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5746 of 2009 --------------------------------- Dated, this the 26th day of February, 2009 J U D G M E N T Challenge in this writ petition is against Ext.P3, a stop memo issued by the 1st respondent prohibiting the petitioners from erecting a mobile cellular tower. 2. Evidently, Ext.P3 was issued pursuant to a complaint made by the 2nd respondent. The learned counsel appearing for the 2nd respondent points out that the location of the tower is such that once it is erected, there is every likelihood that the institution of the 2nd respondent and the people therein will be affected. 3. In my view, so long as the erection of the tower is on the strength of necessary permits and licences, apprehension as now voiced by the 2nd respondent cannot stand in the way of the petitioners. This issue has come up for consideration of this Court in Reliance Infocom Ltd. V.Chemanchery Grama Panchayat (2006(4) KLT 695). In view of the above, I see no justification in prohibiting further works of the petitioners, in pursuance to Ext.P3. 4. Therefore, Ext.P3 will stand quashed and the petitioners WP(C) No.5746/2009 -2- will be permitted to proceed with erection of the cellular mobile tower on the basis of the licences and other permits that they possess. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg