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VIJU ABRAHAM
Anish Thomas S/o Thomas M. A. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
1. The above writ petition is filed challenging Ext.P13 order passed by the 2nd respondent whereby permission was granted to the 7th respondent to install a mobile tower in Karumaloor Grama Panchayat.
2. Petitioners are residents of ward No. 3 of Karumaloor Panchayat. The 7th respondent for the purpose of erecting a mobile telecommunication tower in the property of the 8th respondent, submitted Ext.P2 application for building permit before the 6th respondent. Along with the permit application, the 7th respondent also submitted Ext.P3 stability certificate dated 03.09.2021. It is the case of the petitioners that the stability certificate does not mention the requirement of a mobile telecommunication tower foundation. Petitioners submit that the mobile tower is very adjacent to the residential house of the 1st petitioner and an Anganwadi centre. There is a vast height difference between the surface level of the properties of the 1st petitioner and that of the 8th respondent, wherein the mobile tower is proposed to be erected. The 7th respondent is making attempts to erect the mobile tower near to the edges (boundary) of the high-lying property of the 8th resp
Telecom service is an essential service as per Essential Service Management Act, 2005.
The court established that disputes related to mobile tower installations are not within the jurisdiction of the Permanent Lok Adalat as they do not constitute 'public utility service' under the Act.
Installation of telecommunication towers on private property requires only owner consent and structural safety certification; projects classified as infrastructure are shielded from injunctions unles....
Adherence to the principles of natural justice is essential for orders passed by public authorities.
The cancellation of a No Objection Certificate for a mobile tower without due process, specifically without a hearing, contravenes principles of natural justice and lacks legal basis, as complaints a....
The main legal point established in the judgment is that the installation of mobile towers should be assessed based on scientific evidence and guidelines related to EMF radiation to determine health ....
The main legal point established in the judgment is the importance of strict compliance with rules and regulations governing the installation of mobile towers, and the need to consider applications f....
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