ASOKAN R Vs. THODIYOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to quash Ext.P5 order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram, in Appeal No.592/2012 dated 26.11.2012, whereby the order passed by the Secretary of the 1st respondent Panchayat was found legally unsustainable, and further directed the Secretary of the Grama Panchayat to issue a 'use certificate' to the 2nd respondent for activating the mobile tower constructed by the 2 nd respondent. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioners are residents within the limits of the 1st respondent Grama Panchayat, and the 1st and 2nd petitioners are President and Secretary respectively of Mahadevar Temple. According to the petitioners, the said temple is a worshipping centre of the Hindus and daily more than 500 devotees offer prayers in the temple. In the temple, one of the main vazhipadu/offerings is 'vedivazhipadu' (fire work). During important days, the number of devotees may even exceed 1000.

(3.) The 2nd respondent started to construct a mobile tower close to the magazine of the temple. Thereupon, petitioners submitted a representation before the 1st respondent local authority, informing about the inconveniences and the difficulties that would be causing consequent to the installation and use of the mobile tower, evident from Ext.P1. That apart, it is submitted that, two more schools and yet another educational institution are situated nearby. That apart, the area where the mobile tower is being installed is a very thickly populated area having several residential buildings. It is also stated that, about 1500 students belonging to the various educational institutions are also attending school/educational institutions close to the mobile tower. That apart, it is submitted that, an 11 KV line is also drawn, and the students are likely to be affected by the radiation that emanates from the mobile tower. Other contentions are also raised with respect to the illegality of the order passed by the Tribunal, especially overlooking Ext.P11 guidelines issued by the State Government for the installation of the mobile tower, distance to be maintained from various institutions etc. etc.