IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 29^TH DAY OF MAY 2023 / 8TH JYAISHTA, 1945 WP(C) NO. 17811 OF 2014 PETITIONERS:

1 JAMEELA P AGED 37 YEARS, W/O.SIDDIQUE, MEMBER-MANGALAPADY GRAMA PANCHAYATH, WARD NO.22, RESIDING AT ABBASIYA HOUSE, BAPPPAITHOTY, POST UPPALA, KASARAGOD DISTRICT, PIN-671 322.

2 MOHAMMED ASHRAF ABDULLA AGED 38 YEARS, S/O.ABDULLA, SECRETARY,-BSC BAPPAITHITY SPORTS CLUB, KIZHER NAGAR, BAPPPAITHOTY, POST UPPALA, KASARAGOD DISTRICT, PIN-

671 322, RESIDENT OF SAFIDA MANZIL, YAKOUB SARANG ROAD, BAPPAITHOTTY, POST UPPALA, KASARAGOD-671 322.

BY ADV SRI. K.P RAMACHANDRAN RESPONDENTS:

1 INDUS TOWER LIMITED REPRESENTED BY ITS MANAGER, REGISTERED OFFICE AT

8TH FLOOR, VANKARATH TOWER, N.H.BYE PASS JUNCTION, PALARIVATTOM, COCHIN-682 016.

2 MUNEER AHAMMED AGED 41 YEARS, S/O.LATE MOOSA AYISABI, KURLA APARTMENT, BAPPAITHOTTY, POST-UPPALA, KASARAGOD DISTRICT-671 322.

3 STATE OF KERALA REPRESENTED BY SECRETARY (HEALTH), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

4 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

5 THE DISTRICT COLLECTOR KASARAGOD, CIVIL STATION, VIDYA NAGAR, KASARAGOD - 671 121.

6 THE KASARAGOD MUNCIPALITY REPRESENTED BY ITS SECRETARY, KASARAGOD MUNCIPALITY, KASARAGOD, PIN-671 121.

7 THE ASSISTANT EXECUTIVE ENIGNEER KASARAGOD MUNCIPALITY, KASARAGOD, PIN - 671 121

8 TOWN PLANNER CIVIL STATION, VIDYA NAGAR, KASRAGOD, PIN - 671

123.

9 SECRETARY MANGALAPADY GRAMA PANCHAYATH, MANGALATHPADY, POST-

UPPALA, KASARAGOD DISTRICT - 671 322.

10 THE DISTRICT MEDICAL OFFICER KASARAGOD, OFFICE OF THE DISTRICT MEDICAL OFFICER, DISTRICT HOSPITAL,CHEMMATAM VAYAL, ANANTHASRAMAM POST, KANHANGAD, KASARAGOD DISTRICT - 671 531.

11 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHIEF ENVIORNMENTAL ENGINEER, PATTOM POST, TRIVANDRUM-695 004.

12 THE ASSISTANT ENVIORNMENTAL ENGINEER OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE - KASARAGOD, MAM ARCADE, NEAR RAILWAY STATION, KANHANGAD, KASARAGOD DISTRICT -

671 315.

13 THE DIRECTOR DIRECTORATE OF RADIATION SAFETY, DISTRICT HOSPITAL COMPOUND, THRISSUR - 680 001.

14 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PARAKKETTE, AR CAMP, CIVIL STATION, VIDYA NAGAR, KASARAGOD, PIN - 671 121.

15 THE CIRCLE INSPECTOR OF POLICE-KUMBALA KUMBALA POLICE STATION, KASARAGOD - 671 321.

16 THE SUB INSPECTOR OF POLICE MANJESWARAM POLICE STATION, KASARAGOD - 671 323.

17 STATE PUBLIC HEALTH BOARD (CONSTITUTED AS PER SECTION 4 OF THE MADRAS PUBLIC HEALTH ACT, 1939), REPRESENTED BY THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 011.

BY ADV SRI.P.SATHISAN GP – SUNILKUMAR KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J WP(C) No. 17811 of 2014 th Dated this the 29 day of May, 2023 J U D G M E N T When the matter was taken up for consideration today, the learned counsel appearing for the first respondent would submit that the District Telecom Committee has already passed an order and the tower has already been installed. It is submitted that the writ petition has been filed opposing the installation of the tower and they have not chosen to challenge the order passed by the District Telecom Committee. Reserving the right if any of the petitioner to challenge the order passed by the District Telecom Committee in accordance with law, the writ petition is closed.

sd/-

VIJU ABRAHAM, JUDGE R.AV APPENDIX OF WP(C) 17811/2014 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED

23/6/2014, GIVEN BY THE WRIT PETITIONER NO.1 AS WARD MEMBER 22 OF THE MANGALAPADY GRAMA PACNHAYATH (RESPONDENT NO.9), AGAINST THE CONSENT GIVEN BY THE PANCHAYATH FOR INSTALLATION OF MOBILE TOWER IN KURLA APARTMENT IN FRONT OF HER HOUSE.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED

23/6/2014, GIVEN BY THE BSC