Shameer P.H vs District Telecom Committee
2021 Latest Caselaw 8927 Ker

WP(C).No.6911 OF 2021(L)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.6911 OF 2021(L)


PETITIONER/S:

      1         SHAMEER P.H.
                AGED 37 YEARS
                S/O MR. HAMEED,
                RESIDING AT PUTHIYAVVEETTIL HOUSE, VELUPADOM P.O,
                VARANTHARAPPALLY, THRISSUR, PINCODE-680303.

      2         SIVADASAN P.K,S/O MR. KARUNAKARAN,
                RESIDING AT PUNNA HOUSE, VELUPADOM P.O,
                VARANTHARAPPALLY, THRISSUR, PINCODE-680303.

      3         SUDHEER U.A,S/O MR. ALAVI, RESIDING AT ULUVAN
                HOUSE, VELUPADOM P.O, VARANTHARAPPALLY, THRISSUR,
                PINCODE-680303.

      4         DIVAKARAN T.K,S/O MR. KARAPPAN,
                RESIDING AT THEEKKOODAN HOUSE, VELUPADOM P.O,
                VARANTHARAPPALLY, THRISSUR, PINCODE-680303

                BY ADVS.
                SRI.C.A.MAJEED
                SRI.K.H.ASIF
                SMT.MOLTY MAJEED
                SRI.P.B.UNNIKRISHNAN NAIR
                SRI.RUBEN GEORGE ROCK

RESPONDENT/S:

      1         DISTRICT TELECOM COMMITTEE
                THRISSUR, CIVIL STATION,
                AYYANTHOLE P.O, THRISSUR, PINCODE-680003,
                REPRESENTED BY IRS CHAIRMAN (DISTRICT COLLECTOR).

      2         THE CHAIRMAN (DISTRICT COLLECTOR),
                DISTRICT TELECOM COMMITTEE,
                THRISUR, CIVIL STATION,
                AYYANTHOLE P.O,
                THRISSUR, PINCODE-680003.
 WP(C).No.6911 OF 2021(L)
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      3      VARANTHARAPPILLY GRAMA PANCHAYATH,
             VARANTHARAPPILLY P.O,
             THRISSUR, PINCODE-680303,
             REPRESENTED BY ITS SECRETARY.

      4      BIJU KUNNEL,
             S/O MR. OUSEPH,
             RESIDING AT KUNNEL HOUSE, KALAVARAKUNNU, VELUPADOM
             P.O, VARANTHARAPPILLY, THRISSUR ,
             PINCODE-680303.

      5      RELIANCE JIO INFRATEL PVT LTD,
             REPRESENTED BY THEIR MANAGER,
             1ST FLOOR, P.K.TOWER,
             NEAR YATHRI NIVAS, MAMANGALAM, PALARIVATTOM,
             ERNAKULAM-682025.

      6      THE SECRETARY,VARANTHARAPPILLY GRAMA PANCHAYATH,
             VARANTHARAPPILLY P.O,
             THRISSUR, PINCODE-680303.


OTHER PRESENT:

             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6911 OF 2021(L)
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                                JUDGMENT

Dated this the 17th day of March 2021

Aggrieved by the permission granted to the 5th respondent to

install a mobile tower at Kalavarakkunnu, the petitioners claim

that Ext.P5 mass petition was submitted. It is also stated that

the Panchayath which had granted Ext.P7 building permit to the

5th respondent has taken Ext.P9 resolution to approach the 1 st

respondent for review of the decision in respect of installation

of mobile tower. The petitioners submit that the 1st respondent

had passed Ext.P4 order without giving an opportunity of hearing

to the petitioners, though the complaint Ext.P1 was forwarded to

it and was pending before it at the relevant time. The

petitioners have also got a complaint that the mobile tower is

being installed in a different ward than in which permit is

granted by the Panchayath.

2. In such circumstances, there shall be a direction to the

1st respondent to consider Ext.P5 complaint and to pass orders on

it after affording an opportunity of hearing to the petitioners,

the Panchayat as well as respondents 4 and 5 as expeditiously as

possible within a period of three weeks from the date of receipt

of a copy of the judgment.

The Writ Petition is disposed of accordingly.

Sd/-

                                                     P.V.ASHA

rkc                                                   JUDGE
 WP(C).No.6911 OF 2021(L)





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           A   PHOTOCOPY    OF  THE  COMPLAINT   DATED
                     06.07.2020    SUBMITTED  BEFORE   THE   3RD
                     RESPONDENT.

EXHIBIT P2           A   PHOTOCOPY    OF  THE  COMPLAINT   DATED
                     07.07.2020    SUBMITTED  BEFORE   THE   6TH
                     RESPONDENT.

EXHIBIT P3           A PHOTOCOPY OF THE LETTER DATED 24.08.2020
                     SENT   BY   THE  SECRETARY  OF   THE   3RD
                     RESPONDENT.

EXHIBIT P4           A PHOTOCOPY OF THE DECISION NO.21 TAKEN BY

THE 1ST RESPONDENT DATED 29/12/2020.

EXHIBIT P5 A PHOTOCOPY OF THE MASS PETITION DATED 10.02.2021 SUBMITTED BY THE MEMBER OF THE GRAMA PANCHAYATH (WARD NO.13) AND THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 A PHOTOCOPY OF THE COMPLAINT DATED 10.02.2021 SUBMITTED BY THE 3RD PETITIONER.

EXHIBIT P7 A PHOTOCOPY OF THE PERMIT DATED 20.01.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 A PHOTOCOPY OF THE EMF CERTIFICATION FOR RADIATION COMPLIANCE DATED 11/05/2020.

EXHIBIT P9 A PHOTOCOPY OF THE COVERING LETTER DATED 27/02/2021 AND THE COPY OF THE RESOLUTION TAKEN BY THE 3RD RESPONDENT PANCHAYATH.