INDUS TOWERS LIMITED Vs. CHIRAKKADAVU GRAMA PANCHAYAT

JUDGEMENT

(1.) The case set up in the writ petition (civil) are as follows; " When the petitioner was constructing a mobile tower in accordance with Ext. P1 building permit granted to them, Ext. P2 stop memo was issued to them by the 2nd respondent stating that some persons of the locality have raised apprehension that the mobile tower will cause health hazards. The petitioner challenged Ext. P2 stop memo before the Tribunal for Local Self Government Institutions and the operation of the impugned stop memo was stayed as per Ext. P4 order by the Tribunal for Local Self Government Institutions. Now the petitioner has been served with Ext.P5 notice directing them to stop the construction on the basis of a decision said to have been taken by the 3 rd respondent Panchayat Committee on a complaint raising apprehension of health hazard by the construction of the mobile tower. Ext. P5 order is illegal and unsustainable. This Court has held in Antony Vs Chellanam Grama Panchayat 2009 (3) KLT 334, Dharmadom Paristhithi Samrakshna Samithi Vs. Dharmadom Grama Panchayat 2010 (2) KLT 194, Onset Developers Vs Akathethara Grama Panchayat 2015 (1) KLT 668, Siyad Hassan Vs Marady Grama Panchayat 2015 (1) KLT 961 etc that the Panchayat Committee has no authority to intervene in such matter. This Court has held in Reliance Infocom Ltd Vs. Chemanchery Grama Panchayat 2006 (4) KLT 695, Essar Telecom Infrastructure (P) Ltd Vs State of Kerala 2011 (2) KLT 516 etc, that mobile tower does not cause any health hazard." It is in the light of these averments and contentions, the petitioner has filed the aforecaptioned writ petition (civil) with the following prayers;

(2.) Heard Sri. Philip T. Varghese, learned counsel appearing for the petitioner. Though, notices have already been served on all the three respondents, the said parties have not entered appearance.

(3.) It appears that as against the Ext. P2 stop memo dated 29.01.2019 issued by the 2nd respondent the Secretary of Chirakkadvau Grama Panchayat. the petitioner has preferred Ext. P3 statutory appeal under Section 151 of the Kerala Panchyat Building Rules, 2011 before the Tribunal for Local Self Government Institutions, Thiruvanathapuram as per Ext. P3 on