C.P.Chathan v. District Telecom Committee
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 WP(C).No. 12724 of 2015 (M) ---------------------------- PETITIONER(S):
-------------- C.P.CHATHAN AGED 69 YEARS S/O. KANNAN, POZHIYILKUNNEL HOUSE, WARD NO.13 KALLUR, CHANGAROTH, KOZHIKODE DISTRICT.
BY ADVS.SRI.MANSOOR.B.H.
SRI.M.T.BIJU RESPONDENT(S):
--------------
1. DISTRICT TELECOM COMMITTEE KOZHIKODE, REPRESENTED BY ITS CHAIRMAN DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE-673 001.
2. ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE KOZHIKODE-673 001.
3. CHANGAROTH GRAMA PANCHAYATH KADIYANGAD, KOZHIKODE DISTRICT REPRESENTED BY ITS SECRETARY, PIN-673 525.
4. POOCHALIL RAJAN AYADDOM, CHANGAROTH, KOZHIKODE DISTRICT-673 525.
5. INDUS TOWERS 8TH FLOOR, VANKARATH TOWERS, BYEPASS JUNCTION PALARIVATTOM, KOCHI-682 024.
R1 BY GOVERNMENT PLEADER MR.T.R.RAJESH R2 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12724 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1 : A COPY OF THE REPRESENTATION DTD.30.3.2015 AND ITS ACKNOWLEDGMENT.
RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE
C.T.RAVIKUMAR, J ---------------------------------------------- W.P(C).No.12724 of 2015 ---------------------------------------------- Dated this the 21st April, 2015
JUDGMENT
The petitioner is a resident of Ward No.13 of Changaroth Grama Panchayath. His grievance is that the fifth respondent is attempting to erect a telecom tower within the limits of the said Ward of the Panchayath without obtaining permission from the Panchayath or from the Pollution Control Board. It is contended that the area in question, where the telecom tower is sought to be erected is a thickly populated place. Raising such grievance he along with other people of the locality has filed Exhibit P1 representation before the Panchayat. It is submitted that in the light of the decision of this Court reported in Indus Towers Ltd., Palarivattom & others v. Sub Inspector of Police, Thodupuzha and others [(2014(4) KHC 81 (DB)] such grievance could be gone into and appropriate orders could be passed by the District
WP(C).12724/15 Telecom Committee constituted by the Government as per order dated 2.8.2014.
Having heard learned counsel for the petitioner and the learned Government Pleader as also the learned counsel appearing for the second respondent, I am inclined to dispose of the Writ Petition with a direction to the first respondent to consider Exhibit P1 in accordance with law, if it is received and pending, as expeditiously as possible, with notice to respondents 3 to 5.
Sd/- C.T.RAVIKUMAR JUDGE vgs22/4/15