IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 27651 of 2010(F) -------------------------- PETITIONER(S): --------------- ASHARAF, AGED 44 YEARS, S/O.MEERAN, PULLANTHIKUZHAMBIL HOUSE, RANDARKARA P.O., MUVATTUPUZHA. BY ADV. SRI.JOY C. PAUL DR.ABRAHAM P.MEACHINKARA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 3. AVOLI GRAMA PANCHAYATH, REP. BY ITS SECRETARY, AVOLI P.O., MUVATTUPUZHA. 4. M/S.INDIA TELECOM INFRA LIMITED, 2ND FLOOR, V.S.ARCADE, POWER HOUSE ROAD, ERNAKULAM. 5. T.KUTTAPPAN, KOTTACKAKATHU HOUSE, MUVATTUPUZHA VILLAGE, RANDARKARA P.O., MUVATTUPUZHA. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.27651 of 2010 ------------------------------- Dated this the 6th day of September, 2010 J U D G M E N T Ext.P6 order passed by the Tribunal for Local Self Government Institutions setting aside Ext.P3 stop memo issued by the Secretary, Avoli Grama Panchayat to the fourth respondent is under challenge in this writ petition. 2. The Secretary of Avoli Grma Panchayat had issued Ext.P1 building permit to the fourth respondent for constructing a Mobile Base Transceiver Station in the lands belonging to the fifth respondent. After the said permit was issued and construction commenced, about 47 residents of the locality led by the petitioner objected to the same and they filed Ext.P2 representation before the Secretary of Avoli Grama Panchayat. The Secretary thereupon issued Ext.P3 stop memo dated 25.9.2009 calling upon the fourth respondent to stop the construction. The fourth respondent filed Appeal No.966 of 2009 before the Tribunal for Local Self Government institutions. The Secretary of the Avoli Grama Panchayat was put on notice and W.P.(C) No.27651 of 2010 2 heard. By Ext.P6 order dated 23.1.2010, the Tribunal allowed the appeal and set aside Ext.P3 stop memo issued by the Secretary. Hence, this writ petition. 3. The learned counsel appearing for the petitioner contended that the petitioner ought to have been heard before Ext.P6 order was passed. It is also contended that the electro magnetic radiation from the Mobile Tower will affect the health and well being of the neighbouring residents. The petitioner has a further contention that before Ext.P1 building permit was issued, there was no local inspection or enquiry and that the provisions contained in Section 235 H of the Kerala Panchayat Raj Act, 1994 was not complied with before issuing the permit. 4. I heard Sri.Joy.C.Paul, the learned counsel appearing for the petitioner. I have also gone through the pleadings and the materials on record. It is evident from the pleadings and materials on record that the fourth respondent commenced the construction on the strength of Ext.P1 building permit. Ext.P1 building permit has not till date been set aside or W.P.(C) No.27651 of 2010 3 varied by any authority. In such circumstances, I am in agreement with the Tribunal for Local Self Government Institutions that the Secretary of Avoli Grama Panchayat had no right or authority to stop the construction. The petitioner has no case that the building permit was obtained by fraud or misrepresentation, or that the permit was issued by mistake or that it is vitiated on any other ground. There is also no finding in Ext.P3 that if the construction is carried on, it will be a threat to the life or the property of the neighbouring residents. All that is stated in Ext.P3 is that a complaint has been received that the Mobile Tower will have adverse impact on the life and health of the neighbouring residents, and therefore, the fourth respondent should stop the construction. In my opinion, the reason stated in Ext.P3 cannot be sustained. As noticed by the Tribunal, as the jurisdictional factors which empower the Secretary to revoke a permit are not in existence, the Secretary of the Grama Panchayat had no right to issue Ext.P3 stop memo and to prevent the construction of the W.P.(C) No.27651 of 2010 4 Mobile Tower. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, Judge. nj.