ABDUL RAHMAN.K.M Vs. CHEMMANAD GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioners have approached this Court impugning Ext.P4 building permit issued by the 1 st respondent - Chemmanad Grama Panchayat to the 2nd respondent - Telecom Service Provider, on the ground that it has been issued without verifying the topography of the area where the proposed construction was to be made and also whether the structure of the tower is safe for the residents in the neighboring area.

(2.) The petitioners say that they have been constrained to approach this Court because the Panchayat was not listening to them at all and also that all their complaints were unheeded, thus causing fear of imminent danger to themselves, their families and properties. The petitioners, therefore, pray that Ext.P4 be set aside.

(3.) Sri.Shiraz Abdulla, learned counsel for the petitioners, added to the above by saying that pending this lis, since no interim orders had been issued by this Court, the 2 nd respondent has erected the tower and that after that, it has become evident that their apprehensions were accurate. He says that the tower is now leaning to one side because the topography of the area is unable to withstand the heavy load and that they have been forced to approach this Court and pray that this Court must now intervene and direct the Panchayat to ensure that either the construction is examined properly by an authorised stability expert or the same be directed to be dismantled immediately. The petitioners pray that this writ petition be ordered on such terms.