IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 29417 of 2010(B) -------------------------- PETITIONER : --------------------- WIRELESS-TT INFO SERVICES LIMITED, REGISTERED OFFICE AT 5TH FLOOR, GOWRA TRINITY, CHIRAN FORT LANE, BEGUMPET, SECUNDERABAD-500 003 AND CIRCLE OFFICE AT J & CO CHAMBERS, MANIMALA ROAD, EDAPALLY, COCHIN-24, THROUGH ITS AUTHORIZED SIGNATORY MR. SUDEVAN.V.D. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): ------------------------- 1. THE S.I. OF POLICE, PAYYOLI POLICE STATION, KOZHIKODE-673523. 2. RAJAN, S/O.CHANDU, MADATHIL HOUSE, PVD-1202613, IRINGAL P.O., KOZHIKODE-673521. 3. RAJAN BABU, S/O.KALYANI, THEKKE MADATHIL HOUSE, IRINGAL P.O., KOZHIKODE-673521. R1 BY GOVT. PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29417 of 2010(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AGREEMENT DATED 25.7.2010. EXT.P2 : COPY OF THE PERMIT DATED 16.8.2010 ISSUED BY PAYYOLI GRAMAPANCHAYAT. EXT.P3 : COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.9.2010. EXT.P4 : COPY OF THE ACKNOWLEDGEMENT OF EXT. P3. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 29417 OF 2010 B ----------------------------------------------------------- Dated this the 27th May, 2011. JUDGMENT Basant, J. Petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to the first respondent to afford protection to the petitioner for the construction, installation and operation of a mobile tower in accordance with Ext.P2 permit issued to the petitioner by the Payyoli Grama Panchayat. 2. According to the petitioner Ext.P2 permit is valid. Respondents 2 and 3 are raising unjustified and illegal objection/obstruction to the construction of the mobile tower. It is in these circumstances that the petitioner has come to this Court. 3. All respondents have been served. There is no appearance for respondents 2 and 3. No counter affidavit has been filed by respondents 2 and 3. 4. Our attention has been drawn to the decision in Essar Telecom Infrastructure (P) Ltd. v. C.I. Of Police {2010(2) WPC 29417/2010 2 KLT 762} and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. Having considered all the relevant circumstances we are satisfied that the petitioner is entitled for an order of police protection subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011 (2) KHC 171}. 5. In the result; a) This petition is in these circumstances allowed. b) The first respondent is directed to afford police protection to the petitioner to undertake construction, installation and operation of the mobile tower in accordance with Ext.P2 permit issued by the Panchayat. Sd/-R.BASANT Judge sd/-K. SURENDRA MOHAN Judge jj