IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 17815 of 2009(V) -------------------------- PETITIONER(S): --------------- MICHEAL M.J., S/O.JOSEPH, AGED 55, MADATHIPARAMBIL, KADAMAT NAGAR, NIRAVATH ROAD, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SHERRY J. THOMAS SRI.DENIZEN KOMATH RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, PANAGAD, ERNAKULAM DISTRICT. 2. K.K.JACOB, KURISINKAL BUILDING, NIRAVATH BUND ROAD, MARADU P.O. 3. MANAGER, M/S.RELIANCE INFRATEL LTD., 38/6, A&P ARCADE, S A ROAD, KOCHI-17. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.17815 OF 2009 EXT.P1 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BEFORE THE GRAMA PANCHAYAT AGAINST THE ILLEGAL BUILDING IN WHICH MOBILE TOWER IS ERECTED. EXT.P2 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE GRAMA PANCHAYAT FOR THE COMPLAINT AGAINST TOWER. EXT.P3 TRUE PHOTOCOPY OF THE MINUTES OF THE GRAMA SABHA MEETING. EXT.P4 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BEFORE THE FIRST RESPONDENT FOR PROTECTION OF LIFE. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.17815 of 2009 ------------------------------- Dated this the 1st July, 2009 J U D G M E N T Raman, J. The petitioner is the President of a Registered Residents Association. It is stated to be a welfare association in Maradu Grama Panchayat. It is stated that a mobile tower is under construction by the third respondent. The petitioner apprehends that the commissioning of the mobile tower may produce radiation leading to health hazards. It is also contended that the proposed tower is on a building constructed with concrete roof, and, therefore, they are agitating against the commissioning of the mobile tower. Hence, this petition for police protection. Whether or not the building is constructed legally or whether the proposed tower is constructed after obtaining necessary licence, are all matters which need not be gone into in W.P.(C) No.17815 of 2009 2 this writ petition. If the petitioner has got a case that any such tower is constructed without obtaining necessary licence from the concerned authorities, he can raise the same before the appropriate forum. He cannot cause any physical obstruction to the construction of the tower. He is entitled to agitate against such construction in a peaceful manner. So long as the agitation is peaceful, the police shall not interfere. To that extent, the petitioner is entitled for a declaration and no other relief can be granted in this writ petition. Accordingly, the writ petition is dismissed, subject to what is stated above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.