IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30458 of 2009(B) -------------------------- PETITIONERS: --------------- 1. MUHAMMAD RAFI.P.A., S/O.ABDULLA, AGED 30 YEARS, RESIDING AT RIYANA MANZIL, POST KASARGODE, CARRYING BUSINESS AS FISH MERCHANT AT FISH MARKET, MARKET KUNNIL, KASARGODE. 2. MUHAMMEDALI, S/O.K.V.ABDULLA, AGED 30 YEARS, RESIDING AT THYVALAPPIL HOUSE, KORAKKODE, KASARGODE, CARRYING BUSINESS AS FISH MERCHANT AT FISH MARKET, MARKET KUNNIL, KASARGODE. 3. JAMALUDDIN.K.M., S/O.MOIDEEN, AGED 25 YEARS, RESIDING AT MARKET KUNNIL, KASARGODE, CARRYING BUSINESS AS FISH MERCHANT AT FISH MARKET, MARKET KUNNIL, KASARGODE. BY ADV. SRI.K.P.RAMACHANDRAN SRI.T.NIKLAVU RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY (HEALTH), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR-KASARGODE, COLLECTORATE, VIDYA NAGAR, KASARGODE. 3. SECRETARY, KASARGODE MUNICIPALITY, KASARGODE. WPC 30458/09 -2- 4. DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER, KASARGODE. 5. THE CIRCLE INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. 6. THE SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. 7. SUPERINTENDENT OF POLICE, KASARGODE, OFFICE OF THE SUPERINTENDENT OF POLICE, KASARGODE. 8. CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PATTOM POST, TRIVANDRUM. 9. ELECTRICAL INSPECTOR, OFFICE OF THE ELECTRICAL INSPECTORATE, VIDYA NAGAR, KASARGODE. 10. DIRECTOR, DIRECTORATE OF RADIATION SAFETY, THRISSUR. 11. INDUS TOWERS LTD., REPRESENTED BY ITS MANAGER, VANGARATH TOWERS, PALARIVATTOM SIGNAL JUNCTION, PALARIVATTOM, COCHIN. 12. SRI.SALI, AGED ABOUT 26 YEARS, BUILDING NO.KMC-XVII-765, SHOPPING COMPLEX, NEAR FISH MARKET, KASARGODE. GO MR.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30458 OF 2009 ------------------------------------------- Dated this the 27th day of October, 2009 JUDGMENT The petitioners complain that appropriate action does not proceed on a representation complaining about the possible health hazards relatable to the erection of a mobile phone tower. The petitioners who are dealers in fish appear to be representing the interest of people who inhabit near a market or doing business in the market. I have gone through the representations produced as exhibits in the writ petition. The omnibus contention as to possible threat to health is not supported by any material. Not only that, in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4) KLT 695], the Division Bench of this Court categorically laid down that objections to such effect has no bearing since there is no proven material to hold that mobile phone towers create health hazards. It has also been noticed by WPC.30458/09 Page numbers this Court in different other matters, which are already disposed of, that the Regional Cancer Centre, Thiruvananthapuram had also issued an opinion that the electro magnetic radiation emissions from mobile telecommunication towers are much below the bench mark of any impact on human beings and animals etc. With these materials, I have to desist not only myself but also the local authorities from interfering with such matters except in cases where there are positive materials to hold definitely that the alleged polluter should be tied down to any precautionary principle, in such matters. For the aforesaid reasons, I do not find any ground to grant any relief in this writ petition. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/11.