IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1601 of 2008(N)
1. M/S. IDEA MOBILE COMMUNICATIONS LTD.,
... Petitioner
Vs
1. THIRUVANANTHAPURAM CORPORATION,
... Respondent
2. THE TOWN PLANNING OFFICER,
For Petitioner :SRI.SANTHOSH MATHEW
For Respondent :SRI.N.NANDAKUMARA MENON (SR.)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :18/01/2008
O R D E R
Pius C. Kuriakose, J.
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W.P.(C) No. 1601 of 2008
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Dated this the 18th day of January,2008
JUDGMENT
Challenge in this writ petition is against Ext.P1 notice issued by
the Corporation to the petitioner refusing to entertain the application
for construction of Mobile Base Station on the ground that there is
objection from the people of the locality regarding the proposal of the
tower.
2. Sri. P.K. Manojkumar standing counsel for the Corproation
takes notice on behalf of the respondents.
3. I have heard the learned counsel for the petitioner and the
learned standing counsel.
4. It is not known as to what was the ground on which the
people of the locality objected to installation of the tower. In all
probabilities the same is on the ground that the installation of the tower
will cause health hazard to the people of the locality. The issue is
covered by a decision of the Division Bench of this Court reported in
Reliance Infocom Ltd. V. Chemanchery Grama Panchayat (2006(4)
WPC 1601/08 2
KLT 695) wherein this Court held that installation of Mobile Base
Station and energisation of tower would not cause any health hazards.
5. In the above circumstances, I quash Ext.P1 and direct the
respondents to take a fresh decision on the matter after hearing a
representative of the petitioner and representative of the persons who
filed the complaint before the Corporation within three weeks of
receiving copy of this judgment. While taking fresh decision, as
directed above, the Corporation will have regard to the dictum laid
down in Reliance Infocom Ltd. V. Chemanchery Grama Panchayat
(Supra) and any other relevant materials, which may be produced
either the parties.
The writ petition is disposed of as above.
Pius C. Kuriakose,
Judge.
mn.
WPC 1601/08 3