IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22088 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. RANJIT LAL N.K., AGED 32 YEARS, S/O.SREEDHARAN, NELLIKUNNUMMEL HOUSE, PANMI KOTTOOR P.O., KODUVALLY (VIA), KOZHIKODE - 673 572. 2. JANARDHANAN.P., S/O.CHANDHUKUJUN, NADUVILAKANDY HOUSE, IYYAD P.O., UNNIKULAM (VIA) KOZHIKODE - 673 587. 3. BALAKRISHNAN, S/O.RAMAN NAIR, NADUVILAKANDY HOUSE, IYYAD P.O., UNNIKULAM (VIA) KOZHIKODE - 673 587. 4. C.P.M.SANTHOSH, S/O.A.P.GOPALAN, NADUVILAKANDY HOUSE, IYYAD P.O., UNNIKULAM (VIA) KOZHIKODE - 673 587. 5. ACHUTHAN M.A., S/O.CHANTHU, MEETHALARANGADU HOUSE, IYYAD P.O., UNNIKULAM (VIA) KOZHIKODE - 673 587. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT (RD), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOZHIKODE. 4. REVENUE DIVISIONAL OFFICER, KOZHIKODE. WP(C).No. 22088 of 2010(I) 2 5. UNNIKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, UNNIKULAM, KOZHIKODE. 6. THE PROJECT MANAGER, INDUS TOWERS, VIII FLOOR, VANKARATH TOWERS, BYEPASS ROAD, PALARIVATTOM, ERNAKULAM - 682 024. 7. K.V.ABDUL SALAM, S/O.UTHANKUTTY, KALLUVEETTIL HOUSE, IYYAD P.O., UNNIKULAM (VIA), KOZHIKODE - 673 587. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.22088 of 2010 --------------------------------- DATED THIS THE 15th DAY OF JULY, 2010 JUDGMENT The petitioners are aggrieved by the inaction of the 5th respondent Panchayat in considering their objections with regard to the application submitted by the 5th respondent for the erection of a mobile tower in the locality wherein they are residing. 2. The petitioners are residents of Ward No.9 of the Unnikkulam Grama Panchayat. The petitioners point out that the 6th respondent entered into an agreement with the 7th respondent to erect a mobile tower in a plot having an extent of 9 cents belonging to the 7th respondent. According to the petitioners, the place, namely, 'Veeryabhram' in Unnikulam Panchayat is a thickly inhabited area and the people are afraid of the health hazards which may be caused by the erection of the mobile tower there. 3. It is pointed out that the Panchayat has not issued any licence so far. In that view of the matter, there will be a direction to the 5th respondent to consider Exhibits P1 to P1(b) W.P.(C)No.22088/10 -2- complaints, while considering the application, if any, submitted by the 6th respondent for grant of licence. The petitioners will also be heard in the matter by the 5th respondent. An enquiry will be conducted within a period of six weeks. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn