P.M.ISMAIL Vs. INDUS TOWERS LTD.

JUDGEMENT

(1.) This writ appeal is filed against the judgment in W.P(C) No.35044/2019 dated 09/01/2020. The appellants are respondents 6 and 7 in the writ petition. The learned Single judge disposed of the writ petition with a direction to give necessary police protection to the petitioner to erect the tower in accordance with the building permit granted by the local authority.

(2.) The appellants are the owners of the land adjacent to the proposed site for the construction of the mobile tower. The writ petitioner is the first respondent herein. The appellants contend that the proposed site is situated in a thickly populated area and if the tower is allowed to be constructed, it would cause serious health issues to the nearby residents. The appellants claim that the pathway to the tower site does not have the specified width and the building permit has been obtained from the local authority by concealing and suppressing the facts.

(3.) The short facts of the case are as under:- The 1st respondent had applied for a building permit with the 6 th respondent, Erattupetta Municipality on 18/06/2018 and the permit was issued on 19/06/2018. The appellants had made representations to the District Collector and Municipal Secretary against the issuance of permit for construction of mobile tower. The Secretary of the Municipality thereafter issued direction to temporarily stop the construction on 25/07/2018. The first respondent approached District Telecom Committee ("DTC" for short) on 5/10/2018 seeking police protection for construction of the telecommunications tower and the Committee in its meeting held on 26/03/2019 denied permission for construction and police protection with observations: