Dismissed
Mathew Samuel v. Local Self Government
Kerala HCWP(C)/24258/2012
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938
WP(C).No. 24258 of 2012 (F)
PETITIONER(S):
1. MATHEW SAMUEL, NIRAVATHU HOUSE,MELUKARA,KOZHENCHERRY.P.O, PATHANAMTHITTA DISTRICT,PIN-689641.
2. ANNAMMA ABRAHAM, MANNUMELEDATHU NADAYIL,MELUKARA,KOZHENCHERRY.P.O, PATHANAMTHITTA DISTRICT.
3. THOMAS.M.THOMAS, MANNUMELEDATHU MANAPPARA,MELUKKARA,KOZHENCHERRY.P.O.
4. K.N.RAGHUNATHAN, KUTTIPINACKAL HOUSE,MELUKARA,KOZHENCHERRY.P.O.
BY ADV. SMT.INDU SUSAN JACOB
RESPONDENT(S):
1. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM-695001.
2. KOZHENCHERRY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY-689641.
3. SECRETARY, GRAMA PANCHAYATH,KOZHENCHERRY-680641.
4. M/S. INDUS TOWERS LIMITED, 8TH FLOOR,VANKARATH TOWERS,N.H.47,PALARIVATTOM, KOCHI-24.
WP(C).No. 24258 of 2012 (F)
5. SHAJI MATHEW, PARTNER,PALATARA CONSTRUCTIONS,CHANGANASSERY, RESIDING AT PALATHARA HOUSE,THURUTHY.P.O, CHANGANASSERY,KOTTAYAM DISTRICT-686001.
R1 BY SENIOR GOVERNMENT PLEADER SRI.K.J.MANURAJ R2 & R3 BY ADVS. DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR R4 BY ADV. SRI.V.PHILIP MATHEW R5 BY ADV. SRI.E.RADHAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2016, ALONG WITH WPC. 26588/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 24258 of 2012 (F)
APPENDIX
PETITIONER(S) EXHIBITS
| EXT-P1: | TRUE COPY | OF THE | PERMIT ISSUED BY 2ND RESPONDENT |
|---|---|---|---|
| EXT-P2: | TRUE COPY COMMITTEE |
OF A WR | ITE UP ON THE REPORT OF THE EXPERT |
| EXT-P3: | TRUE COPY | OF THE | REPORT OF EXPERT COMMITTEE. |
| EXT-P4: | TRUE COPY ISSUED BY |
OF THE THE MIN |
OFFICE MEMORANDUM DATED 09-08-2012 ISTRY OF ENVIRONMENT AND FOREST. |
| EXT-P5: | TRUE COPY ON MOBILE |
OF THE RADIATI |
WORLD HEALTH ORGANISATION AGENCY ON AND HEALTH |
| EXT-P6: | TRUE COPY REGULATION ON 01-09-2 |
OF THE PUBLIS 012 |
NEWS PAPER REPORT ON THE NEW HED IN MALAYALA MANORAMA |
| EXT-P7: | TRUE COPY | OF THE | REPRESENTATION |
| EXT-P8: | TRUE COPY | OF THE | REPORT OF THE SUB-COMMITTEE. |
| EXT-P9: | TRUE COPY DATED 28.1 |
OF THE 0.2011 |
ORDER OF THE PANCHAYATH COMMITTEE |
| EXT-P10: | TRUE COPY ADDRESSED |
OF THE TO 4TH |
COMMUNICATION DATED 29.10.2011 RESPONDENT |
| EXT-P11: | TRUE COPY PASSED BY IN APPEAL |
OF THE LOCAL S NO.797/ |
EX-PARTE ORDER DATED 30-11-2011 ELF-GOVERNMENT TRIBUNAL,TRIVANDRUM 2011. |
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K. VINOD CHANDRAN, J.
W.P.(C) Nos. 24258 & 26588 of 2012
Dated: 23rd November, 2016
J U D G M E N T
The above writ petitions were filed alleging health hazards on installation of mobile towers within the jurisdictional area of Kozhenchery Panchayat.
Police, Angamaly - 2010 (2) KLT 762 (FB) and found that the said allegation is unsustainable. Further, in Indus Towers Ltd. v. Sub Inspector of Police - 2014 (4) KLT 306 a Division Bench has found that any grievance with respect to the erection and
W.P.(C) Nos. 24258 & 26588/2012
-2-
commissioning of a mobile tower has to be addressed before the District Telecom Committee.
The writ petitions are closed, leaving such remedy.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 24/11/16
1 issue framed by the court
whether allegations of health hazards regarding the installation of mobile towers are sustainable
Colour shows how this judgement treated each authority
Essar Telecom Infrastructure v. C.I. of Police, AngamalyReferred¶35
2010 (2) KLT 762 (FB)
Indus Towers Ltd. v. Sub Inspector of PoliceReferred¶36
2014 (4) KLT 306
Mathew Samuel and Others
Tribunal for Local Self Government Institutions, Thiruvananthapuram
Kozhencherry Grama Panchayath
Secretary, Grama Panchayath, Kozhencherry
M/s. Indus Towers Limited
Shaji Mathew
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court