IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1785 of 2008(K)
1. M/S. IDEA MOBILE COMMUNICATIONS LTD.,
... Petitioner
Vs
1. THE SECRETARY, MELOOR GRAMA PANCHAYAT,
... Respondent
2. MELOOR GRAMA PANCHAYAT COMMITTEE,
3. MR.I.V.SUNIL, IMBALUPARAMBIL VEEDU,
For Petitioner :SRI.SANTHOSH MATHEW
For Respondent :5RI.V.AJITH
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :30/01/2008
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) NO. 1785 of 2008
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Dated this the 30th day of January , 2008
JUDGMENT
The Panchayat has filed a detailed counter affidavit. Along with
the counter affidavit, the Panchayat has produced Exts.R1(a) and R1
(b) complaints, on the basis of which the 2nd respondent Committee
directed the first respondent Secretary to issue Ext.P1 order observing
that the Secretary acted within the statutory limits while permitting
installation of the tower in question.
2. I have heard the submissions of Sri.Santhosh Mathew, the
learned counsel for the petitioner, Sri.John Numpeli the learned
counsel for the Panchayat and Sri.V.Ajith the learned counsel for the
3rd respondent, who is one of the signatories to Ext.R1(a) and R1(b).
On going through Ext.R1(a) and R1(b), it is seen that the objection of
the complainants is that the tower is situated at a distance of 10
meters only from the residential houses of most of them. Sri.Ajith the
learned counsel for the 3rd respondent drew my attention to the
nature of the apprehension in the light of the complaints. The learned
counsel would submit that the complainants apprehend health
WPC No,1785/2008 2
hazards to them on account of the radiation resulting from the
energisation of the tower. He also submits that there is apprehension
about sound pollution which would be generated due to the working of
the generator. As for health hazards resulting from energisation of
the tower, it has to be noticed that the issue is covered by the
judgment of the Division Bench in Reliance Infocom Ltd.
Chemanchery Grama Panchayat (2006 (4) KLT 695). As for the
sound pollution on account of the working of the generator, it should
be noticed that the installation and working of the generator are all
regulated by the Rules. Grievance regarding the proximity from the
residential house it is to be noticed that these are all matters
governed by rules and even Ext.P1 points out that issuance of permit
by the Secretary has been in accordance with the Rules in question.
The tower is yet to be energised since what has been permitted is only
construction of the tower. It is too early for the local public to
complain about sound pollution since the generator has not been
installed yet. It is clear from Ext.P1 that the principles laid down by
this court in Reliance Infocom Ltd.case (supra) has not been taken into
account at all.
I therefore quash Ext.P1 and direct the secretary of the
Panchayat to take a fresh decision after hearing the petitioner and the
WPC No,1785/2008 3
3rd respondent, who will represent all the complainants in Ext.R1(a)
and R1(b). While taking fresh Decision, the Secretary of the
Panchayat will have due regard to the judgment of this court in
Reliance Infocom Ltd. Case (Supra). Fresh decision as directed
above, shall be taken at the earliest and and at any rate within one
month of receiving a copy of this judgment. If the installation of the
tower is over the company is permitted to energise the tower subject
to the fresh decision to be taken by the Secretary pursuant to this
judgment.
PIUS C. KURIAKOSE,
JUDGE.
dpk