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Kerala High Court
Shanthala vs Indus Towers Limited on 9 February, 2026
2026:KER:11496
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 8745 OF 2020
PETITIONERS:
1 SHANTHALA
AGED 44 YEARS
W/O.BIJU, RESIDING AT KOCHAYATHU VEEDU, PERINAD P.O.,
THRIKKADAVOOR, KOLLAM DISTRICT-691 601.
2 VIJAYALATHA.V.,
AGED 45 YEARS
RESIDING AT MAMPUZHA VEEDU, NEERAVIL, PERINAD, KOLLAM-
691 601.
BY ADVS.
SRI.R.RAJESH (VARKALA)
SRI.M.KIRANLAL
SRI.G.KIRAN
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENTS:
1 INDUS TOWERS LIMITED
8TH FLOOR, VANKARATH TOWERS, N.H.BYE-PASS,
PALARIVATTOM-682 025, KOCHI-24, REPRESENTED BY ITS
AUTHORIZED OFFICER.
2 DISTRICT TELECOM COMMITTEE,
COLLECTORATE, KOLLAM-689 645, REPRESENTED BY ITS
CHAIRMAN/DISTRICT COLLECTOR.
3 THE DDG (TERM), KERALA.DOT,
BSNL TELECOM STORE DEPOT, GANDHI NAGAR, ERNAKULAM-682
020.
WP(C) Nos.8745 & 8854 of 2020 -2-
2026:KER:11496
BY ADVS.
SHRI.P.SATHISAN
SMT.SINDHYA A.K
SC-MATHEWS K PHILIP
GP - NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09.02.2026, ALONG WITH WP(C).8854/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8745 & 8854 of 2020 -3-
2026:KER:11496
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 8854 OF 2020
PETITIONERS:
1 SOBHANA KUMARI
AGED 45 YEARS
W/O.KRISHNANKUTTY, RESIDING AT POKKATTU VEEDU,
THEKKECHERRY, KANJAVELI P.O., KOLLAM DISTRICT-
691602.
2 SREEDEVI S.,
W/O.SREEKUMAR, THANNIKKAL KIZHAKKATHIL THEKKECHERRY,
KANJAVELI P.O., KOLLAM-691602.
3 SHAMNA B.,
W/O.NAVAS, KAITHAPUZHA KIZHAKKATHIL, THEKKECHERRY,
KANJAVELI P.O., KOLLAM-691602.
4 NIYAS F.,
KALEELIL VADAKKATHIL, THEKKECHERRY, KANJAVELI P.O.,
KOLLAM-691602.
5 SUNIL KUMAR,
PAZHANJIYIL VEEDU, THEKKECHERRY, KANJAVELI P.O.,
KOLLAM-691602.
6 JIJI,
UTHRAM, KANJAVELY P.O., KOLLAM-691602.
BY ADVS.
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SRI.G.KIRAN
SHRI.SAMEER M NAIR
RESPONDENTS:
WP(C) Nos.8745 & 8854 of 2020 -4-
2026:KER:11496
1 INDUS TOWERS LIMITED.
8TH FLOOR, VANKARATH TOWERS, N.H.BYE-PASS,
PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS
AUTHORIZED OFFICER.
2 DISTRICT TELECOM COMMITTEE,
COLLECTORATE, KOLLAM-689645, REPRESENTED BY ITS
CHAIRMAN/DISTRICT COLLECTOR.
3 THE DDG(TERM), KERALA,
DOT, BSNL TELECOM STORE DEPOT, GANDHI NAGAR,
ERNAKULAM-682020.
BY ADVS.
SC - MATHEWS K PHILIP
GP - NIMA JACOB
SHRI.P.SATHISAN
SMT.DONA AUGUSTINE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09.02.2026, ALONG WITH WP(C).8745/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8745 & 8854 of 2020 -5-
2026:KER:11496
JUDGMENT
Dated this the 9th day of February, 2026
The learned Counsel for the petitioners submits that the
matters have become infructuous.
Recording the same, the above writ petitions are dismissed as
infructuous.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2026:KER:11496
APPENDIX OF WP(C) NO. 8745 OF 2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED IN FAVOUR OF THE 1ST PETITIONER'S
HUSBAND.
EXHIBIT P2 A TRUE COPY OF THE BUILDING TAX RECEIPT
ISSUED TO THE PETITIONERS HUSBAND.
EXHIBIT P3 A TRUE COPY OF THE TREATMENT CERTIFICATE
DATED 27.08.2019 ISSUED TO 2ND PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE PROCEEDING DATED
30.01.2020 IN CASE NUMBER M 15 12662/2019.
EXHIBIT P5 A TRUE COPY OF THE TEST PROCEDURE
PUBLISHED BY THE TELECOMMUNICATION
ENGINEERING CENTRE.
EXHIBIT P6 A TRUE COPY OF THE REPORT OF THE INTER
MINISTERIAL COMMITTEE ON EMF RADIATION.
EXHIBIT P7 A TRUE COPY OF THE ORDER IN WPC 387/2016
DATED 30.03.2017.
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
6077 OF 2020 OF THIS HON'BLE COURT DATED
28.02.2020.
EXHIBIT R1(B) TRUE COPY OF THE BUILDING PERMIT ISSUED TO
THE 1ST RESPONDENT DATED 23.11.2018.
EXHIBIT R1(C) TRUE COPY OF THE EMF CERTIFICATION ISSUED
IN FAVOUR OF THE 1ST RESPONDENT DATED
01.11.2017.
2026:KER:11496
APPENDIX OF WP(C) NO. 8854 OF 2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT PREFERRED TO
THE GRAMA PANCHAYATH.
EXHIBIT P2 A TRUE COPY OF THE PROCEEDING DATED
30.01.2020 IN CASE NUMBER M1514002.
EXHIBIT P3 A TRUE COPY OF THE TEST PROCEDURE
PUBLISHED BY THE TELECOMMUNICATION
ENGINEERING CENTRE.
EXHIBIT P4 A TRUE COPY OF THE REPORT OF THE INTER-
MINISTERIAL COMMITTEE ON EMF RADIATION.
EXHIBIT P5 A TRUE COPY OF THE ORDER IN WP(C) 387/2016
DATED 30.3.2017.
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO.6296 OF 2020 OF THIS HON'BLE COURT
DATED 06.03.2020.
EXHIBIT R1(B) TRUE COPY OF THE BUILDING PERMIT ISSUED TO
THE 1ST RESPONDENT DATED 28.10.2019.
EXHIBIT R1(C) TRUE COPY OF THE EMF CERTIFICATION ISSUED
IN FAVOUR OF THE 1ST RESPONDENT DATED
18.09.2019.
