IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 22762 of 2011(U) -------------------------- PETITIONER(S): ------------------ JAYAPRAKASAN.K., KALATHIL HOUSE, PANTHEERANKAVU.P.O., KOZHIKODE-673 019. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. OLAVANNA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, OLAVANNA GRAMA PANCHAYATH OFFICE, G.A. COLLEGE P.O., KOZHIKODE-673 014.. 3. OLAVANNA GRAMA PANCHAYATH COUNCIL REP. BY ITS PRESIDENT, OLAVANNA GRAMA PANCHAYATH OFFICE, G.A.COLLEGE P.O., KOZHIKODE-673 014. 4. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, CALICUT CITY-673 001. MM ..2/- ...2.... WPC.NO.22762/2011 U 5. POSIDON INFRACTRUE (P) LTD., HAVING REGD.OFFICE AT KOKUL BUILDING,VISHRAMBHAG,SANGLI, MAHARASHTRA-416415,BR.OFFICE AT MIG 151,SRISAILAM, GANDHI NAGAR,ERNAKULAM-682020,REP.BY VINOD NAIR, S/O.VASUDEVAN NAIR, MIG 151, SRI SAILAM, GANDHI NAGAR, ERNAKULAM-682 020. 6. THE DISTRICT COLLECTOR, KOZHIKODE - 673001 7. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE-673 001. R1,R4,R6 & R7 BY GOVERNMENT PLEADER SRI. K.RAMESH R2 & R3 BY ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. R5 BY ADV. SRI.KRISHNA PRASAD. S. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.22762/2011 U APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT P2 COPY OF THE RENEWAL PERMIT OF THE 2nd RESPONDENT UPTO 3-2-2012 P3 COPY OF THECIRCULAR ISSUED BY THE 1st RESPONDENT NO.25070/RD 2/2011/LSGD DATED 16-5-2011 P4 COPY OF THE REPORT ISSUED BY THE VILLAGE OFFICER , ON 17-8- 2011 TO THE 7TH RESPONDENT RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE MM HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 22762 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed for a direction directing respondents 2 and 3 not to erect the mobile tower in the place mentioned in Exts.P1 and P1(A) and also for a direction to respondents 2 and 3 to consider Ext.P2 in the light of Ext.P3 and for other incidental reliefs. Petitioner is aggrieved by the action of respondents 2 and 3 in granting permission to erect the mobile tower very close to his residential building, which allegedly is in total disregard of the health hazards and is in violation of the provisions of the law. 2. When the matter was taken up for consideration, the learned counsel for the 5th respondent submits that M/s,Indus Towers Company is not a made a party in this writ petition, that a permit was issued in the name of Indus Towers Company as early as on 5/2/2010, that subsequently, the Panchayat issued a stop -2- W.P.(C).No.22762/2011 memo directing the Indus Towers Company to stop the construction activities. The stop memo was issued at the instance of the petitioner, pursuant to Ext.P2 representation, which is under challenge in the appeal preferred by Indus Towers Company before the Tribunal for Local Self Government Institutions. Learned counsel for the 5th respondent also submits that the appeal is pending consideration before the Tribunal. The issue raised by the petitioner and other persons in the locality is the subject matter of the appeal pending before the Tribunal. In the aforesaid circumstances, the petitioner is at liberty to move the Tribunal for appropriate reliefs. Accordingly, the writ petition is disposed of. HARUN-UL-RASHID, Judge. kcv.