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2019 Supreme(Ker) 842

S.MANIKUMAR, C.T.RAVIKUMAR
Sudhakaran Pillai – Appellant
Versus
Vaikom Municipality – Respondent


Advocates Appeared:
For the Petitioner: Sri. V.R. Kesava Kaimal, Shri. Govind Madhusoodhanan
For the Respondent: Smt. Sreekala. A, Sc, Vaikom Municipality, Sri. Santhosh Mathew, Sri. Arun Thomas, Sri. Jennis Stephen, Sri. Vijay V. Paul, Sri. Anil Sebastian Pulickel, Learned Senior Government Pleader Sri. Tekchand

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 a

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