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Sugathan

High Court Of Kerala|14 November, 2014
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JUDGMENT / ORDER

----------------------- Petitioners are residents of ward No.14 of Velukkara Gramapanchayath. They approached this Court seeking for a direction to the respondents 1 to 3 to not to permit construction of mobile telephone tower by the 4th respondent at Pattepadam without obtaining sanction. Petitioners raises various grievances against the erection of mobile tower. According to the petitioners, prior permission is required from the District Telecom Committee (DTC) before the erection of mobile. Petitioners also placed many materials before this Court to substantiate that there is an element of radiation from the mobile tower and this will cause health hazards to the nearby residents.
2. The learned counsel for the 4th respondent submits that Ext.P3 Government order has been modified by latest Government Order dated 5.11.2014 and it does not state any condition to obtain prior permission from DTC to erect mobile tower. The Government W.P.(C).No.28008 of 2014
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by Government Order dated 5.11.2014, reconstituted the State Telecom Committee (STC) and District Telecom Committee (DTC) to address public grievance in connection with the mobile towers, in all 14 districts. It includes the representatives of TERM Cell, the expert body to find out radiation level of the mobile tower.
3. In view of the above, petitioners shall approach the District Telcom committee concerned. If representation is filed, the Distict Telecom Committee shall consider the representation of the petitioners within a period of four weeks from the date of receipt of representation after hearing the petitioner and the 4th respondent. The operation of mobile tower will be subject to the orders to be passed by the District Telcom Committee.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/
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Title

Sugathan

Court

High Court Of Kerala

JudgmentDate
14 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri Renjith Thampan
  • P R Reena