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
--------------------------------------------------
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
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
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
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
