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Kerala High Court
Aneesh vs State Of Kerala on 21 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 4015 OF 2024
PETITIONERS:
1 ANEESH
AGED 37 YEARS
S/O. RAMUNJI (LATE), KOTHARAMBATH HOUSE, UDMA.P.O,
UDMA VILLAGE, KASARAGOD DISTRICT, PIN - 671 319
2 CHANDRAN
AGED 42 YEARS
S/O. MANI, KOTHARAMBATH HOUSE, UDMA.P.O,
UDMA VILLAGE, KASARAGOD DISTRICT, PIN - 671 319
BY ADVS.
HEMALATHA
BINU GEORGE
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 THE DISTRICT TELECOM COMMITTEE
REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR,
COLLECTORATE, KASARAGOD, PIN - 671 121
3 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, KASARAGOD, PIN - 671 121
4 SECRETARY
UDMA GRAMA PANCHAYATH, UDMA.P.O,
KASARAGOD DISTRICT, PIN - 671 319
5 UDMA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
UDMA.P.O, KASARAGOD DISTRICT, PIN - 671 319
6 INDUS TOWERS LIMITED
8TH FLOOR, VANKARATH TOWERS, NH BYPASS,
PALARIVATTOM, COCHIN,
REPRESENTED BY ITS LEGAL MANAGER,
V.G.SANKARAN, PIN - 682 024
WP(C) NO. 4015 OF 2024
2
7 KRISHNAN. K
AGED 60 YEARS
S/O. KANNAN, POURNAMI NIVAS,
KOTHARAMBATH, UDMA P.O, UDMA VILLAGE,
KASARAGOD DISTRICT, PIN - 671 319
BY ADVS.
SUKARNAN
RENJITH B.MARAR
LAKSHMI.N.KAIMAL(K/422/2003)
P.RAJKUMAR(R-532)
KESHAVRAJ NAIR(K/000797/2015)
ARUN POOMULLI(D/3696/2015)
PREETHA S CHANDRAN(K/298/2009)
ABHIJITH SREEKUMAR(K/2617/2022)
ANAND REMESH(K/1491/2023)
ABHIRAM.S.(K/3053/2022)
C.R.REKHA(K/854/2001)
GAADHA SURESH(K/817/2015)
VISWANATH JAYAN(K/2499/2021)
ANUPRIYA S.RAJU(K/002059/2021)
BALASUBRAMANIAM R.(K/000503/2021)
SMT. VIDYA KURIAKOSE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4015 OF 2024
3
T.R.RAVI.J
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WP(C) No.4015 of 2024
-------------------------------------------------
Dated this the 21st day of May, 2024
JUDGMENT
The writ petition has been filed challenging Ext.P5 proceedings whereby the District Telecom Committee has permitted installation of a tower by the 6th respondent. The grievance of the petitioner is that there is an Anganwadi situated about 40 meters away and there is a likelihood of health issues due to the radiation caused by the telecommunication tower.
2. The Government Pleader on instructions submitted that at the time of consideration by the committee and issuance of Ext.P5 order, there were no adverse reports available against installation of the tower. The reports have been received after the orders WP(C) NO. 4015 OF 2024 4 have been issued, but the said reports also do not endorse any health issues. The petitioners prays that there may be consideration of the said reports with notice to them by the original authority since admittedly those reports have not been considered by the original authority.
3. Even though, there is no reason at present for setting aside Ext.P5 order, I am of the opinion that interest of justice will be served if the original authority considers the reports submitted by the Pollution Control Board and DMO.
4. The writ petition is hence disposed of directing the 2nd respondent to consider the reports submitted by the Pollution Control Board and the DMO and if a review of Ext.P5 order is required on the basis of such consideration, the 2nd respondent is free to do so. Any WP(C) NO. 4015 OF 2024 5 construction that may be undertaken on the basis of Ext.P5 would be subject to such decision that may be taken by the 2nd respondent. The 2nd respondent shall take a decision within one month from today, after hearing the petitioners and the respondents.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 4015 OF 2024 6 APPENDIX OF WP(C) 4015/2024 PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR Exhibit P2 A TRUE COPY OF REPRESENTATION DATE 23.11.2023 SUBMITTED BEFORE THE DISTRICT SOCIAL WELFARE OFFICER Exhibit P3 A TRUE COPY OF REPRESENTATION DATED 25.11.2023 SUBMITTED BY THE UDHAYAMANGALAM KOTHARAMBTH ACTION COMMITTEE BEFORE THE PRESIDENT, UDMA GRAMA PANCHAYTH Exhibit P4 A TRUE COPY OF DECISION DATED 25.11.2023 OF UDMA GRAMA PANCHAYATH Exhibit P5 A TRUE COPY OF THE PROCEEDINGS DATED 28.12.2023 OF DISTRICT TELECOM COMMITTEE RESPONDENTS' EXHIBITS EXHIBIT R6(A) A TRUE COPY OF THE INTIMATION DATED 01.11.2023 SUBMITTED BY THE 6 TH RESPONDENT BEFORE THE 4 TH RESPONDENT EXHIBIT R6(B) A TRUE COPY OF THE RECEIPT NUMBERED AS 1230105164/G140401 DATED 03.11.2023 EXHIBIT R6(C) A TRUE COPY OF THE EMF CERTIFICATION ISSUED BY THE DEPARTMENT OF TELECOMMUNICATION DATED 22.12.2023 EXHIBIT R6(D) A TRUE COPY OF THE NO GO (MS) NO 21/2013/ITD DATED 21.08.2013 EXHIBIT R6(E) A TRUE COPY OF THE GO (MS) NO 14/2014/ITD DATED 15.03.2014 EXHIBIT R6(F) A TRUE COPY OF THE GO (MS) NO 25/2014/ITD DATED 02.08.2014 EXHIBIT R6(G) A TRUE OF THE GO (MS) NO 31/2014/ITD DATED 05.11.2014 ANNEXURE R4(A) TRUE COPY OF THE G.O. (M.S) NO. 31/2014/ITD DATED 05/11/2014 ANNEXURE R4(B) TRUE COPY OF THE KERALA PANCHAYAT BUILDING (AMENDMENT) RULES, 2023 DATED 17/01/2023 //TRUE COPY// PA TO JUDGE