Point of Law : If the construction of the telecommunication tower is carried out as is stated in the counter affidavit filed by the respondent Municipality, Municipality is entitled to take appropriate action in accordance with law.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ petition is filed by the petitioner seeking the following relief:

(i) to call for the records leading to Exhibit P1 and quash Exhibit P1 by issuance of a writ of certiorari or other appropriate writ, order or direction.

2. Petitioner is a telecommunication infrastructure company functioning after securing necessary licenses and clearances from the appropriate statutory authorities. Admittedly, the construction of a telecommunication tower was carried out by the petitioner in a residential area. The case projected by the petitioner is that Ext.P1 circular dated 19.2.2016 is issued by the Secretary of the Thrissur Municipal Corporation stating that no construction can be carried out within 50 square meters from any residential building without securing consent from the residents.

3. In my considered opinion, the construction of a telecom tower is taken care of under Rule 130 and the consequential rules of Chapter XIX of the Kerala Municipality Building Rules, 1999, which is now replaced by Rule 83 and the consequential rules of Chapter XVIII of the Kerala Municipality Building Rules, 2019 and the distance and other aspects are regulated and guided by Rules 131, 132, 139, 140A and 141 of the Rules 1999 and they are as follows:

131. Distance from road and boundaries:

(1) The base of the tower or poles shall have minimum 3 metres distance from the plot boundary abutting the road, whether it is proposed on land or over a building, even if the building is having less than 3 metres distance:

Provided that the distance from road boundary of the accessory rooms such as equipment rooms, shelters, or generator rooms proposed over a building shall be that of the building.

(2) In addition to the distance specified under sub-rule (1), set back required for road widening proposed in any Town Planning Scheme shall also be provided.

(3) Distance from other boundaries of the plot to the base of the telecommunication tower Or Pole structure or accessory rooms shall be minimum 1.20 metres:

Provided that if the telecommunication tower or pole structures or accessory rooms are proposed over a building, the distance from the boundaries other than that abutting a road; shall be that of the existing building:

Provided further that if the building abuts any plot boundary and the telecommunication tower or pole structures or accessory rooms are also proposed to abut that boundary then consent of the owner of the plot on the abutting side shall be obtained and produced along with the application for permit:

Provided also that no portion of the telecommunication tower pole structure or accessory room shall project or over hang into the neighboring plots.

132. Provisions regarding FAR and height:

The provisions regarding FAR, coverage, height restriction with regard to width of road and distance from the boundary abutting road, distance from central line of road and dimension of parts of building shall not apply to telecommunication towers or pole structures or accessory rooms such as equipment rooms, shelters or generator rooms.

Provided that the height of the telecommunication towers or pole structure or accessory rooms, including the height of the building if they are proposed over a building, shall be restricted as shown in Table 3 of sub-rule (2) of rule 32 and for exceeding the height restriction specified under Table 3 of the said rule, clearance from the concerned airport authority shall be obtained and produced before issuing permit.

Provided further that additional distance from boundary abutting the road and other boundaries of the plot proportionate to increase in height shall not be necessary for the telecommunication tower or pole structures or accessory rooms or for the building over which they are proposed.

139. Building to be authorised:

Erection of any telecommunication tower or pole structures or accessory rooms shall be permitted only over authorised buildings.

140A. Site approval etc.

(1) No site approval shall be