IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 3518 of 2008(R) ------------------------- PETITIONER: ------------ M/S.ESSAR TELECOM INFRASTRUCTURE (P)LTD. 41/256, C-19, SECOND FLOOR, MATHER SQUARE, OPP.NORTH RAILWAY STATION, COCHIN 682 018 REPRESENTED BY EXECUTIVE (SITE ACQUISITIONS AND ADMINISTRATION), MR.RAHUL DAS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT: ------------- ADAT GRAMA PANCHAYAT, PURANATTUKARA P.O. THRISSUR DISTRICT, PIN 680 551 REPRESENTED BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.3518 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 5th February, 2008 JUDGMENT Even though the respondent-Panchayat has been served with notice by special messenger, they have not entered appearance before this court to resist the prayers in the Writ Petition. The petitioner seeks quashment of Ext.P1 order of the Panchayat wherein the Panchayat directs the petitioner-mobile telephone company who applied for a building permit for construction of the tower to produce no objection certificate from the Pollution Control Board and a clearance from the Atomic Energy Commission. It has been held by this court in its judgment in W.P.C.No.21528 of 2006 that insistence of N.O.C. from the Pollution Control Board even for issuance of permit for construction of the tower will not be justified. The question whether N.O.C. from the Pollution Control Board is necessary has to be considered later at the time when generator is proposed to be installed for the purpose of energising the tower. As for the second direction in Ext.P1 that clearance from the Atomic Energy Commission should be produced, the issue is covered by several judgments of this court. Under these circumstances, I quash Ext.P1 and direct the Panchayat to consider the petitioner's application for W.P.C.No.3518/08 - 2 - building permit without insisting on production of the two documents mentioned in Ext.P1. Orders on the petitioner's application shall be passed by the Panchayat at the earliest and at any rate within three weeks of receiving copy of this judgment. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE