IMPORTANT POINTS
In exercise of the power conferred under Rule 11(3) of the Kerala Municipality Building Rules, 1999, permission has been granted to M/s. Indus Towers Limited, Ernakulam, respondent No.3, for constructing a building.

JUDGMENT :

S. Manikumar, J.

A resident of Naduvile Village, Vaikom P.O., Kottayam District, has filed the instant public interest writ petition, contending inter alia that installation of a mobile tower by M/s. Indus Towers Limited, Ernakulam, respondent No.3, in Survey No.77/15A-1-3 of Naduvile Village, Vaikom Taluk, Kottayam District, property owned by one Radhamaniamma, respondent No.4, would affect the daily life of general public; there is a school functioning adjacent to the property, where the mobile tower is proposed to be constructed; such mobile tower would emit radiation, which would be dangerous to the health of the local people; that there is already a mobile tower installed and managed by BSNL and, therefore, there is no need for an additional tower, representations dated 24.6.2019, Exhibit-P1, and Exhibit-P3 dated 27.06.2019 have not been responded and on the above averments, petitioner has sought for a writ of mandamus directing the Vaikom Municipality, represented by its Secretary, respondent No.1, and the District Collector, Kottayam, respondent No.2, to issue appropriate orders to M/s. Indus Towers Limited, Ernakulam, respondent No.3, to stop construction of the mobile tower in question.

2. He has also sought for a direction to respondent Nos.1 and 2 to dispose of Exhibits-P1 and P3 representations dated 24.06.2019 and 27.06.2019 respectively, after conducting a local inspection and after hearing the petitioner and signatories to Exhibit-P1.

3. Record of proceedings shows that a Hon'ble Division Bench of this Court has issued periodical orders, which are extracted hereunder:

Order dated 16.07.2019:

“The learned Government Pleader Sri.Tek Chand would submit that the District Collector, Kottayam as the head of the District Telecom Committee has called for a report on the representation dated 27.6.2019 (Ext.P3) addressed by the petitioner on the mobile tower proposed to be installed by the third respondent on the property of Smt. Radhamaniamma (respondent No.4). As soon as the report is received, a speaking order will be passed on the representation, after affording hearing to all concerned. The Vaikom Municipality (respondent No.1) is represented by Smt. A. Sreekala, the learned Standing Counsel and she prays for time to obtain instruction on whether the building permit has been granted for the mobile tower proposed to be erected by M/S Indus Towers Limited (respondent No.3).

List the case on 2.8.2019.”

Order dated 2.8.2019:

“Representing the Vaikom Municipality (respondent No.1) Smt.A.Sreekala, the learned counsel submits that building permit was sanctioned on 10.5.2019, for the mobile tower proposed to be constructed by M/S Indus Towers Limited (respondent No.3), on the property of Smt.Radhamaniamma (respondent No.4).

2. In so far as the hearing by the District Telecom Committtee on the objection to the erection of the mobile tower, the learned Government Pleader Sri.Surin George Ipe submits that notice was issued to the objector and others. He prays for time to obtain further instruction.

3. The matter be posted accordingly, after three weeks. The petitioner may file rejoinder affidavit, if so advised. The Registry should connect the counter affidavit of the Municipality, with the case records.”

Order dated 30.08.2019:

“The learned Government Pleader Sri. V. Tekchand, on the basis of instructions, submits that the District Telecom Committee, which met on 5.8.2019 had afforded hearing to those who were opposing the construction of mobile telecommunication tower, constructed by the 3rd respondent and the District Medical officer is requested to furnish a report before decision is taken on the issue. The report of the Medical Officer is awaited, at present. Accordingly, he seeks for time to obtain further instructions.

2. In view of above, the matter be listed after four weeks, as prayed for.”

4. On this day, when the ma