IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 10144 of 2010(P) -------------------------- PETITIONER(S): --------------- VODAFONE ESSAR CELLULAR LTD., KL/5115, ASHIS BUILDING, 2ND FLOOR, SHANMUGHAM ROAD, KOCHI -682031,REPRESENTED BY ITS SENIOR MANAGER (LEGAL), M.V. RAJESH MELETH VEETTIL, AGED 39 YEARS, S/O. RAGHAVAN MELETHI VEETTIL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): --------------- 1. KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, VIKASBHAVAN.P.O, PALAYAM, THIRUVANANTHAPURAM. 2. MEMBER SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, VIKASBHAVAN.P.O, PALAYAM, THIRUVANANTHAPURAM. 3. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, MAKKAMKUNNU, PATHANAMTHITTA, REP. BY ITS SECRETARY. ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 10144 of 2010 ================== Dated this the 3rd day of June, 2010 J U D G M E N T The petitioner is a multi-national company engaged in the business as a Mobile Phone Server. For their business, they erect telecommunication towers in various parts of the State. In those telecommunication towers, as electricity back up, they use diesel generators. In respect of one such diesel generators, the petitioner has filed an application for consent before the Pollution Control Board. The petitioner has filed this writ petition alleging that for consideration of the application for consent, the Pollution Control Board is insisting on payment of fees based on value of not only the diesel generator, but also the land and telecommunication tower, which, according to them, is illegal and unsustainable. 2. The 3rd respondent has filed a report producing a copy of the application filed by the petitioner. They have taken a specific contention that many of the columns in the said application are left blank and, therefore, the application itself is not in order. 3. In view of the fact that the petitioner has not submitted a valid application, I am not inclined to go into the other contentions raised by the petitioner. Leaving it open to the petitioner to file a proper application and move for appropriate reliefs in respect of other questions also, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2