IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 15970 of 2007(A) --------------------------------------- PETITIONER: ----------------- M/S.RELIANCE COMMUNICATION A & P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHRA REPRESENTED BY ITS CIRCLE MANAGER (LEGAL) AND AUTHORISED SIGNATORY V.K.SAJITH. BY ADV. SRI.V.G.ARUN RESPONDENTS: ------------- 1. THE NEELAMPEROOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, 2. THE SECRETARY, NEELAMPEROOR GRAMA PANCHAYAT, ALAPPUZHA - 686534. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 15970/2007 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE LICENCE AGREEMENT FOR BASIC TELEPHONE SERVICE IN KERALA SERVICE AREA DATED 20/07/2001. EXT.P2. COPY OF THE LICENCE AGREEMENT FOR PROVISION OF UNIFIED ACCESS SERVICES AFTER MIGRATION IN KERALA SERVICE AREA DATED 20/07/2001. EXT.P3. COPY OF THE S.O. 382 E DT. 24/5/99. EXT.P4. COPY OF THE S.O. 170 E DT. 7/2/02. EXT.P5. COPY OF THE CONSENT DT. 3/3/07. EXT.P6. COPY OF THE CERTIFICATE BY THE RESPONDENT DT. 09/04/007. EXT.P7. COPY OF THE ORDER OF THE RESPONDENTS DT. 30/4/07. EXT.P8. COPY OF THE CHART SHOWING THE MANNER IN WHICH A BTS TOWER FUNCTIONS. EXT.P9. COPY OF THE CHART SHOWING THE COMPARISON BETWEEN EMR FROM MOBILE BASE STATIONS AND OTHER SOURCES OF RADIO FREQUENCY. EXT.P10. COPY OF THE REPORT FILED BY THE ATOMIC ENERGY REGULATORY BOARD DT. 6/10/2004. RESPONDENT'S EXHIBITS : NIL. / TRUE COPY / tga KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.15970 of 2007 ----------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT Petitioner approached this court aggrieved by Ext.P7 communication issued by the Panchayat wherein the petitioner has been asked to stop the functioning of a mobile tower. One of the contentions taken by the petitioner is that the same is passed without notice to the petitioner. It is further submitted that in view of the Bench decision of this court in Reliance Infocom Ltd. v. Chemmanchery Grama Panchayat, 2006 (4) KLT 695 the matter requires fresh consideration. There is no counter affidavit. Therefore, Ext.P7 is quashed without prejudice to the liberty to the first respondent to initiate fresh proceedings, if required, with notice to the petitioner. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.15970 of 2007 ----------------------------------- JUDGMENT 11th July, 2008