IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 10957 of 2011(T) --------------------------------- PETITIONER(S): ------------------- POSIDON INFRASTRUCTURE PVT LTD,REGD.OFF. AT GOKUL BUILDING,VISHRAMBHAG,SANGLI,MAHARASHTRA- 416415,BR.OFFICE AT MIG 151,SRISAILAM,GANDHI NAGAR ERNAKULAM-20,REP.BY ITS MG.DIRECTOR RAMAESH GUNANI THROUGH HIS P/A.VINOD NAIR,S/O.VASUDEVAN NAIR,MIG 151,SRISAILAM,GANDHI NAGAR,ERNAKULAM-682 020. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLCE, KOYILANDY POLICE STATION, KOZHIKODE DISTRICT, PIN 673305. 2. THE SUPERINTENDENT OF POLICE,OFFICE OF SUPERITENDNET OF POLICE,KOZHIKODE RURAL,PIN 673001. 3. KOYILANDY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOYILANDY MUNICIPALITY OFFICE, KOYILANDY, KOZHIKODE DISTRICT, PIN 673305. 4. MANOJ, S/O.LATE KUNHIKANARAN NAIR, EDACHERY HOUSE, KOLLAM P.O., KOYILANDY, KOZHIKODE DISTRICT, PIN 673307. 5. ANEESH.N.K., S/O.BALAN NAIR, NAMBRATH KANDY HOUSE, KOLLAM P.O., KOYILANDY, KOZHIKODE DISTRICT, PIN 673307. 6. ANIL KUMAR.N.K., S/O.BALAN NAIR, NAMBRATH KANDY HOUSE, KOLLAM P.O., KOYILANDY, KOZHIKODE DISTRICT, PIN 673307. 7. RAMAKRISHNAN.K., S/O.LATE KALATHIL DAMODARAN NAIR, KUNNOTH HOUSE, KOLLAM P.O., KOYILANDY, KOZHIKODE DISTRICT, PIN 673307. R1 & R2 BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10957/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT NO.121/10 DATED 27/01/2011 ISSUED BY THE SECRETARY, KOYILANDY MUNICIPALITY. P2: COPY OF THE COMPLAINT LODGED TO THE 1ST RESPONDENT DATED 25/03/2011. P3: COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE 1ST RESPONDENT DATED 25/03/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No.10957 of 2011-T ------------------------------------------------- Dated this the 3rd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner to enable him to undertake the construction of a telecommunication tower in accordance with Ext.P1 permit issued by the 3rd respondent against illegal objections/obstructions that are raised by respondents 4 to 7. 2. All the respondents have been served. There is no appearance for respondents 3 to 7. 3. Ext.P1 permit is a valid regular permit. There is nothing to show that the validity of Ext.P1 has been questioned by any one. 4. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd., v. C.I. of Police [2010 (2) KLT 762) (FB)] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). 5. In the light of the principles laid down in the said W.P.(C) No.10957 of 2011 -: 2 :- decisions referred above, we are satisfied that the petitioner is entitled for police protection. 6. In the result: (a) This writ petition is allowed. (b) Respondents 1 and 2 are directed to afford police protection to the petitioner to construct, instal and operate the telecommunication tower in accordance with Ext.P1 permit issued by the 3rd respondent. (c) Needless to say that this judgment is issued subject to all observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No.10957 of 2011 -: 3 :-