Chandrasekharan vs Kalanjoor Grama Panchayat on 26 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9753 of 2009(L)


1. CHANDRASEKHARAN, `SANTHOSH BHAVAN'
                      ...  Petitioner

                        Vs



1. KALANJOOR GRAMA PANCHAYAT,
                       ...       Respondent

2. THE DISTRICT OFFICER,

3. M/S.AIRCEL COMMUNICATIONS,

                For Petitioner  :SRI.SIBY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :26/03/2009

 O R D E R
                                S. Siri Jagan, J.
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                        W. P (C) No. 9753 of 2009
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                   Dated this, the 26th March, 2009.

                              J U D G M E N T

The petitioner objects to granting of a permit for construction of

a telecommunication tower by the 3rd respondent. The petitioner and

others have filed Ext. P1 representation in this regard. The petitioner

seeks the following reliefs:

“(i) Issue a writ of mandamus or any other appropriate writ,
order or direction commanding the 1st respondent to dispose of
Exts.P2, P3 and P4 forthwith;

(ii) Issue a declaration that the application for grant of license
for erecting mobile tower in the thickly populated area near the
residence of the petitioner is a health hazard and direct the 1st
respondent to consider Exts.P.2, P3 and P4 in the light of the
guidelines issued by the appropriate authorities and experts in the
field;

(iii) Issue a writ of mandamus or any other appropriate writ,
order or direction commanding the 1st respondent to hear the
petitioner and other residents of the area before granting
permission for erecting the mobile tower in the Kalanjoor
Panchayat area to the 3rd respondent.”

2. After hearing counsel for the petitioner, I dispose of this writ

petition with a direction to the 1st respondent to consider Ext. P1

representation also while considering the application for permit, if

any, submitted by the 3rd respondent .

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.