IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 9379 of 2010(V) ------------------------------- PETITIONER(S): ------------------ 1. INDUS TOWERS LTD, CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR,NH-47,PALARIVATTOM, KOCHI-24.REPRESENTED BY ITS HEAD-LEGAL, PREMKRISHNAN NAIR. 2. SHAJI MATHEW, S/O.MATHEW, PALATHARA HOUSE THURUTHY P.O., CHANGANASSERY,KOTTAYAM DIST, (PARTNER,PALATHRA CONSTRUCTIONS CHANGANASSERY) BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): -------------------- 1. THE S.I.OF POLICE, MAVELIKKARA, 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. MAVALIKKARA GRAMA PANCHAYAT, MAVELIKKARA P.O.,MAVELIKKARA, REPRESNETED BY ITS SECRETARY. 4. JAMES, S/O.JOHN,KALIYECHAL HOUSE, MATTOM NORTH, THATTARAMBALAM P.O., MAVELIKKARA. 5. GOPALAKRISHNAN NAIR, KOCHIKKAL HOUSE, MATTOM NORTH, THATTARAMBALAM P.O., MAVELIKKARA. WP(C).No. 9379 of 2010(V) -2- 6. SEBASTIAN,S/O.PHILIP, EDAPPANA MADATHIL HOUSE,MATTOM NORTH, THATTARAMBALAM P.O.,MAVELIKKARA. 7. THOBIYAS,S/O.AUGUSTINE, PATHIYARATH PUTHEN VEEDU, MATTOM NORTH, THATTARAMBALAM P.O.,MAVELIKKARA. 8. GOPALAKRISHNAN PILLAI, EDAPPANA MADATHIL HOUSE, MATTOM NORTH, THATTARAMBALAM P.O.,MAVELIKKARA. 9. ALEX,S/O.JAMES, CHIRAYIL VEEDU, MATTOM NORTH, THATTARAMBALAM P.O.,MAVELIKKARA. 10. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9379 of 2010(V) APPENDIX PETITIONERS' EXTS EXT.P1:- COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA EXT.P2:- COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASST. REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P3:- COPY OF THE REGISTRATION CERTIFICATE NO.177/08 DATED 10/01/08 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS EXT.P4:- COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DY. REGISTRAR OF COMPANIES, NATIONALC APITAL TERRITORY OF DELHI AND HARYANA. EXT.P5:- COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P6:- COPY OF BUILDING PERMIT NO.326/09-10 DT.16/01/10 ISSUED BY THE MAVELIKKARA GRAMA PANCHAYAT. EXT.P7:- COPY OF THE PETITION DT.08/02/10 SUBMITTED BEFORE THE FIRST RESPONDENT. EXT.P8:- COPY OF RECEIPT DT.08/02/10 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. EXT.P9:- COPY OF THE REPRESENTATION DT.17/02/10 SUBMITTED BY PETITIONERS BEFORE THE 3RD RESPONDENT. EXT.P10:- COPY OF THE JUDGMENT DT.12/10/09 PASSED BY THIS HON. COURT IN WPC.27437/09 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C No.9379 of 2010 ------------------------------------------------ Dated this the 16th day of August, 2011 JUDGMENT Abdul Rehim, J Petitioners are seeking police protection for erecting a mobile transmission tower in Kannamangalam village, Mavelikkara Taluk, from not being obstructed by the respondents 4 to 9 or anybody claiming under them. 2. We notice that on 30/04/10 this Court had issued an interim order directing the first respondent that, on the event of any obstruction being caused police protection should be granted to the petitioners to proceed with the construction of the tower. But in that order it was made clear that the petitioner shall not commission the Base Transceiver Station, until further orders. It was also clarified that the obstructors will be entitled to conduct peaceful W. P. C No.9379 of 2010 -2- demonstration against the construction. 3. Sri.V.Philip Mathews, learned counsel appearing for the petitioners submitted that, on the basis of the interim orders issued, the construction of the tower has already been completed. 4. In spite of service of notice from this Court nobody enters appearance on behalf of the respondents 4 to 9. We take notice of the fact that the alleged obstruction is caused on the basis of an apprehension that establishment of the transmission tower will cause health hazards to the people residing nearby. The issue now stands settled in favour of the petitioner in view of the decision of this court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2), KLT 516) . 5. Since we notice that the tower in question has already been constructed, we permit the petitioner to energise the tower and to commission its functioning after W. P. C No.9379 of 2010 -3- getting required permissions from the appropriate authorities. If any further obstruction is intimated, the first respondent should take appropriate steps to avert such obstruction and take steps for enabling the functioning of the Base Transceiver Station. 6. The Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-