IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 37042 of 2007(I) -------------------------- PETITIONER: ------------ P.J.BABU, S/O.P.V.JOSEPH, PUTHUVA HOUSE, KIDANGANOOR P.O., ANGAMALI VIA, ERNAKULAM. BY ADV. SRI.C.RAJENDRAN SRI.ANANDAN PILLAI RESPONDENTS: ------------- 1. THURAVOOR GRAMA PANCHAYATH, THURAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. BHARATHI INFRATEL LIMITED, H-5/12, QUTAB AMBIENCE, MEHRAULI ROAD, NEW DELHI- 110030 REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE AREA MANAGER, BHARATHI INFRATEL LIMITED, CIRCLE OFFICE AT N.H.BYE PASS, KUNDANOOR, MARADU P.O., KOCHI- 682 304. 4. FRANCIS CHALLISSERY, R/O.CHALLISSERY HOUSE, KIDANGOOR PO, ANGAMALI, ERNAKULAM. BY ADV. SRI.SANTHOSH MATHEW (R2 & R3) SRI.SATHISH NINAN SRI.C.A.CHACKO (SC FOR PANCHAYAT) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 37042 of 2007 ---------------------------------- Dated this the 18th day of January , 2008 JUDGMENT Heard Sri.C.Rajendran, the learned counsel for the petitioner, Sri.Santhosh Mathew, the learned counsel for the respondent company and Smt.Karishma, the learned counsel for the Panchayat. 2. Sri. Santhosh Mathew submits that the main ground of objection raised in Exts.R1(a) and R1(b) mass petitions is health hazards to the general public on account of energisation of the tower apart from violation of the Building Rules in the matter of construction. Smt.Karishma, the learned counsel for the Panchayat submits that the Panchayat had issued Ext.P4 permit after making due enquiries. But, when Ext.R1(a) and R1(b) complaints were received from the general public, the matter was referred to the District Medical Officer of Health as well as to the Environmental Engineer of the Pollution Control Board. Till date no reply has been received from either of them. 3. Sri.C.Rajendran, the learned counsel for the petitioner WPC No.37042/2007 2 submits that the tower is in close proximity to the petitioner's property and there are so many other people in the locality who will be prepared to offer plots without room for objection to the company for installing the tower. Having regard to the rival submissions addressed at the bar, I am of the view that since Ext.P4 permit has already been issued to the company and the construction of the tower is already started, the company can be permitted to complete the construction. But energisation of the tower should be taken up by the company only after the Panchayat takes decision on Ext.R1(a) and R1(b) complaints. The Senior Environmental Engineer of the Pollution Control Board as well as the District Medical Officer will respond to the request of the Panchayat immediately upon receiving reminders in that regard from the Panchayat. Once the responses of the Environmental Engineer and the District Medical Officer are available, the Panchayat will issue hearing notice to the writ petitioner, the company and hear them and take a decision. Energisation of the tower shall be only on the basis of the decision so taken. It is open to the company and the petitioner to urge all available grounds during hearing. If energisation is already made, the same will be subject to further orders which may be passed by the Panchayat pursuant to the hearing. Orders as directed WPC No.37042/2007 3 above shall be passed by the Panchayat at the earliest and at any rate within one month of receiving a copy of this judgment. The writ petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. dpk