The petitioner has approached this Court with the following prayers:
“i) Issue a Writ of Certiorari or any other appropriate writ order to quash Ext.P4 stop memo issued by the 3rd respondent,
ii) To declare that the 3rd respondent is not having any authority to issue Ext.P4 or similar orders to stop the construction of the Tower constructed upon obtaining Ext.P4 and similar Building Permits under the provisions of Kerala Municipality Building Rules 1999 and Kerala Panchayat Building Rules, 2011,
iii) Pass such other orders which this Honourable Court may deem fit in the facts and circumstances of the case.”
2. The learned Government Pleader submits that, the Government have constituted a Committee to address public grievances, if there is any apprehension regarding radiation from the erection of mobile towers. Therefore, without having such decision by the Committee to be constituted in terms of Government Order, no coercive steps shall be taken against any operator.
3. Of course, if the operator does not possess any valid permit or license to erect a mobile tower or install such other W.P.(C) No.19155 of 2014 2 infrastructure, that can be prevented by alerting the competent authority to take action. The stop memo does not indicate that any competent authority has taken a decision to the effect that the proposed erection of tower is in violation of any existing regulation.
In the above circumstances, Ext.P4 is set aside. However, quashing of Ext.P4 will not stand in the way of the Committee constituted in terms of Government Order, to take a decision at appropriate level, after hearing the petitioner.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp