IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 17446 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------- ASHTEC CONTRACTORS PVT. LTD (FORMERLY KNOWN AS M/S ASIAN CONSTRUCTIONS) GREAT LAND, UGRAPURAM (PO) AREECODE, MALAPPURAM REPRESENTED BY ITS MANAGING DIRECTOR MAHABOOB .C. BY ADV. SRI.P.R.AJITHKUMAR RESPONDENT(S): ---------------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE,MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, VAZHAKKADU POLICE STATION, VAZHAKKADU, MALAPPURAM DISTRICT - 679 504. 3. ABUBAKKAR, S/O.HAMSA, PULIYAKKAL HOUSE, PUDIKAYIL, EDAVANNAPARA - 679 503. 4. P. AMEER, S/O.UNNIMOYIN PANJERI, ECAVANNAPARA - 679 503. 5. K.JABBAR, S/O.K.MUHAMMED KUTTY, WHIT SHOP, PANJERI, EDAVANNAPARA - 679 503. 6. VAZHAKKAD GRAMA PANCHAYAT, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY - 679 504. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. T.K.VIPINDAS R6 BY ADV. SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17446/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT NO.27/11-12 DTD. 26/04/2011. P2: COPY OF THE SITE PLAN APPROVED BY THE EDAVANNA GRAMA PANCHAYATH. P3: COPY OF THE LEASE AGREEMENT DTD. 01/03/2011. P4: COPY OF THE RELEASE ORDER DTD. 07/06/2011. P5: COPY OF THE COMPLAINT. P6: COPY OF THE RECEIPT DTD. 01/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ ` P.S.TO JUDGE Kss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 17446 of 2011 ----------------------------------------------- Dated this the 7th day of July, 2011 J U D G M E N T Abdul Rehim, J. The petitioner company is seeking police protection for executing construction work of a mobile transmission tower at a proposed site in Vazhakkad Village, Eranad Taluk in Malappuram District, from not being obstructed by respondents 3 to 5, their men and agents. 2. According to the petitioner, the work in question was entrusted to them by M/s. Indus Towers Ltd. which is a company engaged in providing telecommunication and related services. Complaint is that the respondents 3 to 5 along with their henchmen created obstruction to the construction work on 30-5-2011 and on the following days by physically obstructing the workers and threatening them with dire consequences. It is stated that in spite of Ext.P5 complaint submitted to the 2nd respondent about the illegal activities, no steps has been taken to remove such WP(C).17446/11 -2- obstruction and to afford protection for continuing the works. 3. In spite of service of notice from this court through special messenger, respondents 3 to 5 have not entered appearance and chosen to contest the case. It seems that the alleged obstruction is on the basis of an allegation that the mobile transmission tower will cause health hazards to the people residing in the locality. The legal issue in this regard stands settled through decision of a Division Bench of this Court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala, 2011 (2) KHC 171 (D.B). 4. Learned counsel appearing for 6th respondent Panchayat submitted that the telecommunication tower is being constructed after obtaining required building permit and other permissions. Under such circumstances, we are of the considered opinion that the work being conducted by the petitioner company is an activity which is legally permissible and that respondents 3 to 5 or anybody claiming under them have no manner of right to create any WP(C).17446/11 -3- physical obstruction to such work. Therefore, we are of the opinion that respondents 1 and 2 are bound to take effective steps to remove obstructions if any caused and afford adequate protection for completing such works. 5. Accordingly, the writ petition is disposed of directing respondents 1 and 2 to afford adequate protection to the construction works being conducted by the petitioner company for errection of the mobile transmission tower in question. If any instance of physical obstruction is reported, respondents 1 and 2 shall take every effective steps for removal of such obstruction and to facilitate the construction being completed by the petitioner company in a peaceful manner. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-