JUDGMENT

Dated this the 12th day of January, 2022 The petitioner, who is a resident of Ward No.1, near Sree Tripalamunda Mahadeva Kshethram in Kongad Panchayat, Palakkad District, seeks to direct respondents 1 and 2 to consider and pass orders in Exhibit P1 Complaint in a time bound manner after hearing all the affected.

2. The grievance of the petitioner relates to construction of a Telecommunication Tower in the property belonging to the 6th respondent. The petitioner has submitted Ext.P1 Complaint before the 1st respondent District Telecom Committee, Palakkad.

3. The learned counsel for the 5th respondent submits that the issue is pending consideration before the District Telecom Committee and the District Telecom Committee is not proceeding to finalise the matter, in view of the pendency of this writ petition.

4. In the aforesaid facts and circumstances of the case, this Court is of the view that since the District Telecom Committee is in seisin of the matter, the Committee can consider the grievance raised by the petitioner in Ext.P1 representation.

Accordingly, the writ petition is disposed of directing the

1st respondent to consider Ext.P1 representation submitted by the petitioner and others while finalising the proceedings in respect of the Telecommunication Tower pending before the 1st respondent.

sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 23424/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER AND OTHERS RESIDING IN WARD NO.1 OF KONGAD GRAMA PANCHAYATH BEFORE THE CHAIRMAN OF THE DISTRICT TELECOM COMMITTEE/THE DISTRICT COLLECTOR OBJECTING TO THE ERECTION OF MOBILE TOWER AT THEIR IMMEDIATE SURROUNDINGS NEAR THE SREE.TRIPALAMUNDA MAHADEVA KSHETHRAM.

Exhibit P2 TRUE COPY OF THE RECEIPT NO.302077/2021 DATED 18.10.2021 ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR ACKNOWLEDGING THE RECEIPT OF EXHIBIT P1 COMPLAINT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED

20.10.2021 SUBMITTED BEFORE THE SECRETARY, KONGAD GRAMA PANCHAYAT FOR CANCELLING THE PERMIT GRANTED FOR ERECTING THE MOBILE TOWER.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED

20.10.2021 ISSUED FROM THE KONGAD GRAMA PANCHAYAT ACKNOWLEDGING THE RECEIPT OF EXHIBIT P3 COMPLAINT.

Exhibit P5 TRUE COPY OF THE G.O(MS)NO.31/2014/ITD DATED 05.11.2014 WITH RESPECT TO THE CONSTITUTION OF DISTRICT TELECOM COMMITTEE TO ADDRESS PUBLIC GRIEVANCE IN CONNECTION WITH THE MOBILE TOWERS.

RESPONDENT’S EXHIBITS Exhibit R5(A) TRUE COPY OF THE STABILITY CERTIFICATE SANCTIONED ON 09.08.2021 Exhibit R5(B) TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED ON 08.10.2021 Exhibit R5(C) TRUE COPY OF THE G.O MS NO.14/2014/ITD DATED 15.03.2014 Exhibit R5(D) TRUE COPY OF THE EMF CERTIFICATION FOR THE RADIATION COMPLIANCE Exhibit R5(E) TRUE COPY OF THE GO.1826/2015/LSGD DATED

19.06.2015