IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28769 of 2011(U) ----------------------------------------- PETITIONER(S): ------------------------- 1. VODAFONE ESSAR CELLULAR LIMITED, REPRESENTED BY MR.PREMKRISHNAN NAIR, 8TH FLOOR, VANKARATH TOWERS, NH BY-PASS, PADIVATTOM, KOCHI-24. 2. INDUS TOWERS LIMITED, REPRESENTED BY DULY AUTHORISED HEAD(LEGAL), PREMAKRISHNAN NAIR M.N., 8TH FLOOR, VANKARATH TOWERS, NH BY-PASS, PADIVATTOM, KOCHI-24. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------------ 1. THE SUB INSPECTOR OF POLICE, MURIKKASSERY POLICE STATION, IDUKKI-685 604. 2. CIRCLE INSPECTOR OF POLICE, IDUKKI-685 604. 3. SUPERINTENDENT OF POLICE, IDUKKI-685 604. 4. LENIN, MULLAPPILLIL HOUSE, MURIKKASSERY, IDUKKI-685 604. R1 TO R3 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28769/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE IP 1 LICENSE ISSUED BY GOVERNMENT OF INDIA DATED 10/1/2008 TO THE 2ND PETITIONER. P2 COPY OF THE GAZETTE NOTIFICATION DATED 24/5/1999. P3 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY VATHIKUDY GRAMA PANCHAYATH DATED 4/8/2007. P4 COPY OF THE TERMINATION NOTICE DATED 11/5/2011. P5 COPY OF THE COMPLAINT DATED 27/7/2011 SUBMITTED BEFORE THE 1ST RESPONDENT. P6 COPY OF THE ACKNOWLEDGEMENT DATED 27/7/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 28769 of 2011 --------------------------------- Dated this the 2nd day of November, 2011 JUDGMENT Pius C.Kuriakose ,J. This writ petition seeks police protection for dismantling and removing mobile tower as well as the equipments therein. According to them, when the tower was attempted to be dismantled and the equipments were sought to be removed, the 4th respondent obstructed. Eventhough the 4th respondent was served with notice by special messenger he has not turned up before this court. Averments in the writ petition stand established against the 4th respondent by non traverse. We do not find any reason as to why relief should not be granted to the petitioners. We allow the writ petition and direct the respondents 1 to 3 to afford adequate police protection to the petitioners and its workers to remove and transport telegraph equipments and materials from their telecommunication tower site in survey No.1/1-56-1, Mullappallil Vathikudy Village if the 4th respondent or anybody acting under them obstructs the same. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/