Kunjumon vs The District Telecom Committee, Kollam
2024 Latest Caselaw 26934 Ker

Kerala High Court

Kunjumon vs The District Telecom Committee, Kollam on 6 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                             2024:KER:67831

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

         FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                           WP(C) NO. 31621 OF 2024


PETITIONER:

              KUNJUMON
              AGED 59 YEARS
              S/O MATHEW VARGHESE, KUNNUVILA THEKKATHIL,
              THRIPPILAZHIKAM P.O., KAREEPRA VILLAGE,
              KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN - 691509


              BY ADVS.
              K.V.ANIL KUMAR
              RADHIKA S.ANIL




RESPONDENTS:

     1        THE DISTRICT TELECOM COMMITTEE, KOLLAM
              CIVIL STATION, KOLLAM, REPRESENTED BY ITS CHAIRMAN/
              DISTRICT COLLECTOR, PIN - 691013

     2        TAHSILDAR
              TALUK OFFICE, KOTTARAKKARA, KOLLAM DISTRICT,
              PIN - 691506

     3        VILLAGE OFFICER
              KAREEPRA, KOLLAM DISTRICT,
              PIN - 691509

     4        KAREEPRA GRAMAPANCHAYATH
              REPRESENTED BY ITS SECRETARY, KAREEPRA P.O.,
              KOLLAM DISTRICT, PIN - 691509

     5        TELECOM REGULATORY AUTHORITY OF INDIA (TRAI)
              GROUND FLOOR, TELEPHONE HOUSE, NO.1,
              RAJ BHAVAN ROAD,
              BEHIND GENERAL POST OFFICE (GPO),
              BENGALURU, KARNATAKA STATE, PIN - 560001
 W.P.(C)No.31621 of 2024




                                                                               2024:KER:67831

                                               2


       6         INDUS TOWERS LIMITED
                 8TH FLOOR, VANKARATH TOWER, PALARIVATTOM, (REPRESENTED BY
                 ITS MANAGER- LEGAL, V.G SANKARAN, 52 YEARS, S/O M.
                 VENUGOPALAN, TOWER-I, FLAT NO. 203, NATIONAL EXPRESS
                 GARDEN, VENNALA, KOCHI, PIN - 682024

       7         BABY GEORGE (KOCHUMON)
                 KRIS BHAVAN, THRIPPILAZHIKAM P.O., KAREEPRA VILLAGE,
                 KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN - 691509


                 BY ADVS.
                 T.C. KRISHNA, DSGI IN CHARGE
                 DEEPA NARAYANAN, SR. GOVERNMENT PLEADER



        THIS     WRIT     PETITION   (CIVIL)       HAVING   COME   UP   FOR   ADMISSION   ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.31621 of 2024




                                                                        2024:KER:67831

                                             3




                                      JUDGMENT

Dated this the 06th day of September, 2024

The petitioner, a resident of Kareepra village in

Kollam District, is aggrieved by the installation of a

telecommunication tower in his locality, and in close

proximity to some of the residences. The petitioner

apprehends that transmission of radioactive waves

from the tower will adversely affect the health of

the residents. Voicing this apprehension, petitioner

had preferred Ext.P3 before the 1st respondent.

2. The learned Counsel for the petitioner

submitted that, for the time being, the petitioner

will be satisfied with a direction to the 1 st

respondent to consider Ext.P3 expeditiously.

3. I heard the learned Government Pleader

also.

2024:KER:67831

Considering the limited relief sought, the writ

petition is disposed of, directing the 1 st respondent

to take a decision on Ext.P3 expeditiously and at

any rate, within one month, after affording an

opportunity of hearing to the petitioner.

Sd/-

V.G.ARUN

JUDGE NB/6-9

2024:KER:67831

APPENDIX OF WP(C) 31621/2024

PETITIONER EXHIBITS

EXHIBIT-P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 09.08.2023 ISSUED BY THE 3RD RESPONDENT

EXHIBIT-P2 A TRUE COPY OF THE MASS COMPLAINT DATED 24.06.2024 BEFORE THE 4TH RESPONDENT

EXHIBIT-P3 A TRUE COPY OF THE REPRESENTATION DATED 30.08.2024 BEFORE THE 1ST RESPONDENT

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE