IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31185 of 2011(W) ----------------------------------------- PETITIONER(S): ----------------------- ASHTEC CONTRACTORS (PVT) LTD., GREAT LAND, UGRAPURAM.P.O, AREECODE, MALAPPURAM, REPRESENTED BY ITS MANAGING DIRECTOR MAHABOOB.C BY ADV. SRI.P.R.AJITHKUMAR SRI.K.MANOJ CHANDRAN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOZHIKODE - 673 001. 2. THE SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KODUVALLI, KOZHIKODE DISTRICT - 673 001. 3. BACKER @ PAKKRU, KUNNUMMAL HOUSE, PANNIKOTTOOR.P.O, KOZHIKODE DISTRICT - 670 679 4. SADANANDAN, S/O. KELOOTTY, KUNNUMMEL HOUSE, PANNIKOTTOOR.P.O, KOZHIKODE DISTRICT - 670 679. 5. VINEESH, S/O. VASU, KUNNUMMEL HOUSE, PANNIKOTTOR.P.O, KOZHIKODE DISTRICT - 670 679. 6. RAJAN @ RARUTTY, S/O. KORAN, KUNNUMMEL KUNNUMMEL PANNIKOTTOR.P.O, KOZHIKODE DISTRICT - 670 679. tss W.P.(C) NO.31185/2011 7. KRISHNAN, S/O. KORAN, KUNNUMMEL KUNNUMMEL PANNIKOTTOR.P.O, KOZHIKODE DISTRICT - 670 679. 8. NARIKKUNI GRAMA PANCHAYATH, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 673 585 R3 TO R7 BY ADV. SRI.RAFFEEKH.K R8 BY ADV.SRI.C.MADHUSUDHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.31185/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF THE BUILDING PERMIT NO. BPA 105/2011-12 DATED 28/07/2011 P2:-TRUE COPY OF THE SITE PALN APPROVED BY THE NARIKKUNI GRAMA PANCHAYATH. P3:- COPY OF THE LEASE AGREEMENT DATED 13/06/2011 P4:- COPY OF THE RELEASE ORDER DATED 30/09/2011 P5:- COPY OF THE LETTER ISSUED BY THE INDUS TOWERS LTD. P6:- COPY OF THE COMPLAINT DATED 03/08/2011 P7:- COPY OF THE RECEIPT DATED 04/09/2011 RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.31185 of 2011 -------------------------------------------------- Dated this the 30th day of November, 2011 J U D G M E N T K.Harilal, J The petitioner is a private limited company engaged in the field of civil constructions and related services. They entered into an agreement with M/s.Indus Towers Ltd., Maradu, Cochin, who is mainly engaged in the field of providing telecommunication and related service, including erection of mobile transmission towers in various parts of Kerala. In this writ petition the petitioner is seeking police protection for construction of mobile transmission tower in the property situated in Re-Survey No.14/1 in Narikkuni Village, Kozhikode Taluk. 2. The learned counsel for the petitioner submits that the petitioner has already obtained all licenses and statutory permissions from the concerned authorities, which are evidenced by Exts.P1 to P5. Ext.P1 is the building permit issued by the local authority. The learned counsel for the local authority submits that the permit is in currency. 3. The grievance of the petitioner is that respondents 3 to 7 and their henchmen obstructed the construction work of mobile tower W.P(C) No.31185 of 2011 2 alleging health hazards. On 2.9.2011 respondents 3 to 7 and their henchmen forcefully obstructed the construction work and the threat is still continuing. In consequence of the threat they are unable to complete the construction of the mobile tower. Though notice has been issued against respondents 3 to 7, they have not entered appearance. Thereby the allegations put forward in the writ petition stands unchallenged. 4. In the above circumstances, in view of the decision reported in ESSAR Telecom Infrastructure (P) Ltd. (M/s) V. State of Kerala (2011(2) KHC 171) we are inclined to grant the police protection to the petitioner as prayed for. Therefore, the respondents 1 and 2 are directed to provide adequate and effective police protection for the construction work of mobile transmission tower in the property situated in Re-Survey No.14/1 in Narikkuni Village, Kozhikode Taluk against the illegal and unwarranted threat from respondents 3 to 7 and their men. The writ petition stands allowed. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K.HARILAL JUDGE //True Copy// ab P.A to Judge