Kerala High Court
Michael.K.J vs District Collector Thrissur on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 13657 OF 2018
PETITIONERS:
1 MICHAEL.K.J.
S/O.JOSEPH, KARAKATTU HOUSE,
INCHAKUNDU PO, CHEGALLUR VIA,
THRISSUR DISTRICT.
2 ELSY DAVASSY
CHERUPARAMBIL HOUSE, INCHAKUNDU PO,
CHEGALLUR VIA, THRISSUR DISTRICT.
3 LILY THOMAS
KOTTAYAMKUNNEL HOUSE, INCHAKUNDU PO,
CHEGALLUR VIA, THRISSUR DISTRICT.
4 K.B.ASOKAN
KOLLATTIL HOUSE, INCHAKUNDU PO,
CHEGALLUR VIA, THRISSUR DISTRICT.
BY ADV SRI.P.I.DAVIS
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, THRISSUR- 680 001.
2 DISTRICT TELECOM COMMITTEE
HEADED BY DISTRICT COLLECTOR
COLLECTORATE, THRISSUR 680 001.
3 VILLAGE OFFICER
VELLIKULANGARA VILLAGE 686 123.
4 SECRETARY
MATTATHUR GRAMA PANCHAYATH,
THRISSUR DISTRICT 680 684
5 MS. INDUS TOWERS LTD
8TH FLOOR, VANKARATH TOWERS,
BYE - PASS ROAD, PADIVATTOM, KOCHI-24
6 SUSEELA
AGED 55 YEARS, W/O. RAGHAVAN,
CHATHANCHIRA HOUSE, MONADY, KODALI VIA,
PADI PO,COLLECTORATE, THRISSUR DISTRICT 680 688.
BY ADVS.
SMT.ACHU SUBHA ABRAHAM
SMT.DHANYA P.ASHOKAN
WP(C).No.13657/2018
2
SMT.V.T.LITHA
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SRI.M.R.VENUGOPAL
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.13657/2018
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.13657 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. call for the records leading to Exhibit P2, P3 and P7 and quash the same by issuing a writ of certiorari.
ii. declare that the land assigned for cultivation purposes by issuance of Patta under the Kerala Land Assignment (Regularisation of Occupations of Forest Lands prior to 01-01-1977) Special Rules, 1993 cannot be used for any other purpose including for construction of Telecommunication Tower by the 5th respondent.
iii. direct the 2nd respondent District Telecom Committee to consider the objection raised by the petitioners regarding the restriction of using the property of the 6th respondent which is issued with Patta for any other purposes other than for the purpose it has been issued before the commencement of construction of Tele- communication Tower by the 5th respondent. iv. direct the 2nd respondent to independently assess the radiation effect of Telecommunication Towers after conducting necessary studies of the already WP(C).No.13657/2018 4 existing Telecommunication Towers before granting permission to the 5th respondent. v. issue any other writ, order, direction as this Hon'ble Court may deem fit and just in the facts and circumstances of the case.
(SIC)
2. Heard the learned counsel for the petitioners and the learned Government Pleader. I also heard the counsel for the 4th respondent and the learned counsel for the 5 th respondent.
3. When this writ petition came up for consideration on 13.04.2018, this Court passed the following order :
"Learned Govt. Pleader is directed to file a counter affidavit, if required. Urgent notice by speed post to R4 to R6, returnable in three weeks. Construction if any carried out will be subject to the result of this writ petition.
I also make it clear that the tower shall not be charged, without securing orders of this Court."
4. It is now submitted that the tower is already energized even though there is an interim order from this Court. The counsel for the 5th respondent submitted that there is some communication gap and that is why the 5 th respondent WP(C).No.13657/2018 5 was not aware of the same. Anyway the tower is functioning from 2018 onwards. In the changed circumstances, I am of the considered opinion that the 2 nd respondent has to inspect the premises and redress the grievance of the petitioners.
Other contention regarding the construction of the tower in the patta land also can be raised before the 2nd respondent.
Therefore, this writ petition is disposed of with following directions:
1. The petitioners are free to file a representation before the 2nd respondent narrating the entire grievance raised in this writ petition, within three weeks from the date of receipt of a certified copy of this judgment.
2. Once such a representation is received, the 2nd respondent will consider the same and the officers of the 2 nd respondent will inspect the property and take appropriate steps in accordance with law, after affording an WP(C).No.13657/2018 6 opportunity of hearing to the petitioners and the 5th respondent, as expeditiously as possible, at any rate, within four months from the date of receipt of the representation.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.13657/2018 7 APPENDIX OF WP(C) 13657/2018 PETITIONER EXHIBITS EXT.P1 A TRUE COPY OF THE PATTA DATED 15/06/2005 ISSUED UNDER THE SPECIAL RULES 1993.
EXT.P2 A TRUE COPY OF THE ORDER DATED 15/09/2017 OF THE 4TH RESPONDENT EXT.P3 A TRUE COPY OF THE BUILDING PERMIT DATED 22/09/2017 ISSUED TO THE 5TH RESPONDENT.
EXT.P4 A TRUE COPY OF COPY OF THE REGISTRATION CERTIFICATE DATED 10/01/2008 OF THE 5TH RESPONDENT.
EXT.P5 A TRUE COPY OF THE EMF CERTIFICATION FOR RADIATION COMPLIANCE SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT.
EXT.P6 A TRUE COPY OF REPORT ON CELL TOWER RADIATION SUBMITTED BY PROF.GIRISH KUMAR, ELECTRICAL ENGINEERING DEPARTMENT, IIT, BOMBAY TO SECRETARY, DEPARTMENT OF TELECOMMUNICATIONS, GOVERNMENT OF INDIA.
EXT.P7 A TRUE COPY OF THE PROCEEDINGS DATED 22/02/2018 OF THE 1ST RESPONDENT IN THE DISTRICT TELECOM COMMITTEE.