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. 8978 of 2011(V) -------------------------------- PETITIONER(S): ------------------- INDUS TOWERS LIMITED, VANKARATH TOWER, 8TH FLOOR, N.H.BYEPASS, PALARIVATTOM, KOCHI-24 REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR.M.N., HEAD LEGAL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD-678001. 2. STATION HOUSE OFFICER, PATTAMBI POLICE STATION, PALAKKAD-678001. 3. ISMAIL, S/O.KUNJALAN, PARANGATTUTHODIYIL HOUSE, VILATHOOR P.O., PALAKKAD-679304. 4. RASHEED, S/O.KUNHALAN, PARANGATTUTHODIYIL HOUSE, VILATHOOR P.O., PALAKKAD-679304. 5. AYOOB, S/O.KUNJUMOHAMMED, KAVUMPURATH HOUSE, VILATHOOR PO, PALAKKAD-679304. 6. THIRUVEGAPPURA GRAMA PANCHAYATH, REP.BY ITS SECRETARY, OTTAPPALAM TALUK, PALAKKAD DISTRICT 679 101. 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. 8978/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTRE PROVIDER CATEGORY - 1(IP-I). P1(a):CROPY OF THE CERTIFICATE ISSUED BY GOVERNMENT OF INDIA WITH RESPECT TO THE NAME CHANGE. P1(b):COPY OF THE LICENSE ISSUED BY CENTRAL GOVERNMENT TO ONE OF THE SERVICE PROVIDERS. P2: COPY OF THE BUILDING PERMIT ISSUED BY 6TH RESPONDENT TO THE PETITIONER DATED 30/06/2010. P3: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 10/01/2011. P4: COPY OF THE ACKNOWLEDGMENT TO THE P3 COMPLAINT DATED 11/01/2011. P5: COPY OF THE RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No.8978 of 2011-V ------------------------------------------------- Dated this the 3rd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner for the work of construction, installation and operation of a mobile tower as per Ext.P2 permit issued by the 6th respondent against any illegal objections/obstructions raised by respondents 3 to 5. 2. The respondents have been served. There is no appearance for respondents 3 to 6. No counter affidavit has been filed by any one. 3. 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). 4. In the light of the principles laid down in the said decisions referred above, we are satisfied that the petitioner is W.P.(C) No.8978 of 2011 -: 2 :- entitled for police protection. 6. In the result: (a) This writ petition is allowed. (b) Respondents 1 and 2 are directed to afford adequate and sufficient police protection to the petitioner to construct, instal and operate the mobile tower in accordance with Ext.P2 building permit issued by the 6th respondent against any objection/obstruction that may be raised by respondents 3 to 5. (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.8978 of 2011 -: 3 :- R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No.8978 of 2011-V ------------------------------------------------- Dated this the 29th day of March, 2011 ORDER Basant,J. Service is complete. There is no appearance for any other respondents except R1 and R2 who have appeared through the learned Government Pleader. 2. This petition is filed by the petitioner for issue of direction under Art.226 of the Constitution to respondents 1 and 2 to provide adequate police protection to enable the petitioner to undertake and complete the work of construction of a mobile transmission tower. Interim direction to the same effect is prayed pending disposal of the petition. 3. We have heard the learned counsel for the petitioner and the respondents. We are satisfied that interim directions can be issued subject to appropriate safeguards. Accordingly, we issue the following interim directions: (1) Respondents 1 and 2 shall grant adequate police W.P.(C) No.8978 of 2011 -: 4 :- protection to the petitioner to proceed with and complete the construction of mobile transmission tower as against any obstruction that may be raised by respondents 3 to 5 for a period of one month from this date on the following terms and conditions: (i) The petitioner must possess valid licences/permits issued by the statutory authorities concerned for the construction of mobile transmission tower including the licence from the Department of Telecommunications. (ii) No prohibitory order issued by a competent civil court or statutory authority restraining the petitioner from proceeding with the construction of mobile transmission tower is in force. (iii) The building permit issued by the local authority has not been cancelled or revoked and no stop memo has been issued by the competent authority or is in force. We make it clear that respondents 3 to 5, if they are so advised, shall be at liberty to challenge the permit granted to the petitioner before the competent superior authorities. (iv) The petitioner shall not commission the mobile transmission tower without obtaining further orders from this Court. (v) The respondents objecting to the construction of the W.P.(C) No.8978 of 2011 -: 5 :- mobile transmission tower shall be free to carry out peaceful demonstration against the construction; but shall not cause any physical obstruction to the construction or commit any act of waste. (vi) If it is found that the petitioners must acquire permission other than permission under Rule 141 of the Kerala Municipalities Building Rules, the petitioners shall be liable to demolish the tower. (vii) No equipment including generator shall be put up on the tower without further directions from this Court. 3. Call for hearing and disposal finally on 31/3/11 along with the connected matter. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/