SUJITH KUMAR S. Vs. TRIPUNITHURA MUNICIPALITY AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the steps taken by the 5th respondent for installation of the telecommunication tower on the top of the residential building owned by the 4th respondent, the petitioner, who is the Secretary of the residents association, has come up before this Court.

(2.) ACCORDING to the petitioner, the residents association was shocked when they found that the 5th respondent has started construction of a telecommunication tower on the top of a residential building owned by the 4th respondent. Though the anxiety expressed by the association as to the health hazard caused by the tower was repelled by the second respondent, the most crucial aspect whether a telecommunication tower can be permitted to be installed on the top of a building which itself is unauthorised in the light of Rule 139 of the Kerala Municipality Building Rules was never looked into by the second respondent.

(3.) THE first respondent Municipality filed a counter affidavit contending as follows: