JUDGMENT : SHAJI P. CHALY, J. 1. This writ petition is filed by the petitioner seeking the following relief: (i) to call for the records leading to Exhibit P1 and quash Exhibit P1 by issuance of a writ of certiorari or other appropriate writ, order or direction. 2. Petitioner is a telecommunication infrastructure company functioning after securing necessary licenses and clearances from the appropriate statutory authorities. Admittedly, the construction of a telecommunication tower was carried out by the petitioner in a residential area. The case projected by the petitioner is that Ext.P1 circular dated 19.2.2016 is issued by the Secretary of the Thrissur Municipal Corporation stating that no construction can be carried out within 50 square meters from any residential building without securing consent from the residents. 3. In my considered opinion, the construction of a telecom tower is taken care of under Rule 130 and the consequential rules of Chapter XIX of the Kerala Municipality Building Rules, 1999, which is now replaced by Rule 83 and the consequential rules of Chapter XVIII of the Kerala Municipality Building Rules, 2019 and the distance and other aspects are regulated and guided by Rules 131, 132, 139, 140A and 141 of the Rules 1999 and they are as follows: 131. Distance from road and boundaries: (1) The base of the tower or poles shall have minimum 3 metres distance from the plot boundary abutting the road, whether it is proposed on land or over a building, even if the building is having less than 3 metres distance: Provided that the distance from road boundary of the accessory rooms such as equipment rooms, shelters, or generator rooms proposed over a building shall be that of the building. (2) In addition to the distance specified under sub-rule (1), set back required for road widening proposed in any Town Planning Scheme shall also be provided. (2) In addition to the distance specified under sub-rule (1), set back required for road widening proposed in any Town Planning Scheme shall also be provided. (3) Distance from other boundaries of the plot to the base of the telecommunication tower Or Pole structure or accessory rooms shall be minimum 1.20 metres: Provided that if the telecommunication tower or pole structures or accessory rooms are proposed over a building, the distance from the boundaries other than that abutting a road; shall be that of the existing building: Provided further that if the building abuts any plot boundary and the telecommunication tower or pole structures or accessory rooms are also proposed to abut that boundary then consent of the owner of the plot on the abutting side shall be obtained and produced along with the application for permit: Provided also that no portion of the telecommunication tower pole structure or accessory room shall project or over hang into the neighboring plots. 132. Provisions regarding FAR and height: The provisions regarding FAR, coverage, height restriction with regard to width of road and distance from the boundary abutting road, distance from central line of road and dimension of parts of building shall not apply to telecommunication towers or pole structures or accessory rooms such as equipment rooms, shelters or generator rooms. Provided that the height of the telecommunication towers or pole structure or accessory rooms, including the height of the building if they are proposed over a building, shall be restricted as shown in Table 3 of sub-rule (2) of rule 32 and for exceeding the height restriction specified under Table 3 of the said rule, clearance from the concerned airport authority shall be obtained and produced before issuing permit. Provided further that additional distance from boundary abutting the road and other boundaries of the plot proportionate to increase in height shall not be necessary for the telecommunication tower or pole structures or accessory rooms or for the building over which they are proposed. 139. Building to be authorised: Erection of any telecommunication tower or pole structures or accessory rooms shall be permitted only over authorised buildings. 140A. Site approval etc. (1) No site approval shall be necessary for the construction of telecommunication towers, telecommunication pole structures or accessory rooms essential for such service. 139. Building to be authorised: Erection of any telecommunication tower or pole structures or accessory rooms shall be permitted only over authorised buildings. 140A. Site approval etc. (1) No site approval shall be necessary for the construction of telecommunication towers, telecommunication pole structures or accessory rooms essential for such service. (2) Telecommunication towers or pole structures or accessory rooms shall be permitted in any zone or over any building irrespective of its occupancy. 141. Submission of application and its disposal: (1) Application for permit shall be submitted to the Secretary in the form in Appendix A along with two copies of site plan, location, elevation, sections [xxxxx] structural stability certificate, copy of agreement executed with department of Telecommunications or license or permit issued by an authority approved by Government of India from time to time and document to prove ownership. Note: (1) Ownership document may be a sale deed or mortgage deed or deed of agreement or license or consent document, etc. (2) No structural stability certificate shall be necessary in the case of telecommunication pole structures and accessory rooms. (3) In case the telecommunication tower is proposed above any building, structural stability certificate shall he submitted in respect of that building also. (4) The site plan shall show plot dimensions, access street width, details of existing structures within the plot with their uses, height, number of floors, set back from the plot boundaries and between them; proposed tower and ancillary structures. (5) The structural stability certificate shall be one issued by an Engineer having post graduate degree in Civil Engineering or Structural Engineering, registered or employed in Central or State Government Service or Quasi-Government Organisation. (6) Application fee shall be Rs. one thousand and permit fee shall be: (a) for towers of any height, rupees ten thousand. (b) for pole structures (one unit with any number of poles) rupees two thousand and five hundred. (c) no separate application fee shall be necessary for the accessory rooms essential for the use of telecommunication tower or pole structures but permit fee shill be remitted corresponding to their area as in the case of a pucca building. (7) For the purpose of levying fee, the height of the tower shall be taken from the base of the tower and not from the base of the building. (7) For the purpose of levying fee, the height of the tower shall be taken from the base of the tower and not from the base of the building. (8) The secretary shall, if convinced of the boundaries and ownership of the plot, plan and drawings and genuineness of the certificates, issue permit, not later than 30 days from the date of receipt of application. (9) The permit issued under sub-rule (8) shall be a work permit and the construction or erection of telecommunication tower or telecommunication pole structures or accessory rooms essential for the use of such tower or pole structures shall be completed within one year from the date of issue of permit. (10) The period of the permit shall be extended for a further period of one year if an application for the same is submitted to the secretary, within the valid period of the permit. (11) The application for extension of the period of permit shall be submitted in white paper, typed or written in ink, affixed with necessary court fee stamp; original permit shall also be attached. (12) No application fee shall be necessary for extension of period of permit but fee for extension shall be equal to fifty per cent of the fee for original permit in force at the time of extension. Rule 83 of Chapter XVIII of the Kerala Municipality Building Rules, 2019 reads thus: 83. Essentiality of Permit - No person shall erect or re-erect any non-Governmental telecommunication tower or telecommunication pole structures or accessory rooms or make alteration or cause the same to be done without first obtaining a separate permit for each such tower or telecommunication pole structures from the Secretary. 4. On a perusal of the Rules as above, it is clear that the Secretary of the Municipality is specifically guided by the Rules, and therefore over and above the same, it may not be proper and legal for the Municipality to issue a circular and regulate construction overlooking the same. However rule 132 of the rules 1999 makes it clear that if the construction is carried out in a plot abutting another plot alone, consent of the abutting plot owner is required. However rule 132 of the rules 1999 makes it clear that if the construction is carried out in a plot abutting another plot alone, consent of the abutting plot owner is required. The rules also make it explicit that other than the consent required under Rule 132, no consent from an owner of a building in a residential area is mandated under law as is stipulated in the impugned circular. This I say because Rule 140A(2) distinctively specifies that telecommunication towers or pole structures or accessory rooms shall be permitted in any zone or over any building irrespective of its occupancy. Therefore it is quite clear and evident that construction of telecom installations are permitted to be carried out in a residential zone also. In that view of the matter the impugned circular is an arbitrary and illegal one. Whatever that be, it is the contention of the Municipal Corporation that the petitioner has not secured any permit for construction from the Secretary and the construction is put up on a building bearing door No. 7/497. Other aspects attracting illegalities as to construction of a floor above the existing building are all made in the counter affidavit. Petitioner has not produced any permit before this court to establish that the construction of the tower was carried out after securing permit from the Secretary of the Thrissur Municipal Corporation in spite of the specific contention raised by the municipal corporation that permit is not secured by the petitioner. Going by the Rules extracted above, it is clear that the installation in question is guided by the set of Rules extracted above. Anyhow, the Secretary of the Corporation or the Corporation as such cannot issue a circular overlooking the provisions of the Rules contained under the Kerala Municipality Building Rules, 1999. It is equally important to note that the Kerala Municipality Building Rules, 1999 is now replaced by Kerala Municipality Building Rules, 2019 and Rule 83 and other consequential provisions take care of the construction of a telecommunication tower. 5. In that view of the matter, after having heard learned counsel for the petitioner Advocate M. Gopikrishnan Nambiar along with Advocate Jaimohan and Sri. Santhosh P. Poduval, learned Standing Counsel appearing for the Thrissur Municipal Corporation, this writ petition is allowed quashing Ext.P1. 5. In that view of the matter, after having heard learned counsel for the petitioner Advocate M. Gopikrishnan Nambiar along with Advocate Jaimohan and Sri. Santhosh P. Poduval, learned Standing Counsel appearing for the Thrissur Municipal Corporation, this writ petition is allowed quashing Ext.P1. However, I make it clear that if the construction of the telecommunication tower is carried out as is stated in the counter affidavit filed by the respondent Municipality, Municipality is entitled to take appropriate action in accordance with law, and in that process or otherwise, petitioner is granted liberty to seek regularization of the construction put up, in accordance with law. 6. Writ Petition is disposed of as above.