IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 20450 of 2011(E) --------------------------------------- PETITIONER(S): ----------------------- M/S.ATC (AMERICAN TOWER CORPORATION), TELECOM TOWER CORPORATION (P) LTD, FORMERLY KNOWN AS ESSAR TELECOM INFRASTRUCTURE (P) LTD, 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN-682 017, REPRESENTED BY ITS DEPUTY MANAGER (LEGAL), MR.BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, DY. S.P. OFFICE, PAYYANNUR, KANNUR DISTRICT-670 141. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE THALIPARAMBA CIRCLE INSPECTOR OF POLICE, THALIPARAMBA. P.O, KANNUR DISTRICT, 670 141. 4. THE SUB INSPECTOR OF POLICE, THALIPARAMBA POLICE STATION, THALIPARAMBA. P.O, KANNUR DISTRICT-670 141. 5. MR.MUBARAQ, FATHER'S NAME NOT KNOWN TO THE PETITIONER, CHATTIYANDAKATH HOUSE, MUKKOLA, THALIPARAMBA. P.O, KANNUR DISTRICT, PIN-670 141. 6. THALIPARAMBA MUNICIPALITY, MUNICIPAL OFFICE, THALIPARAMBA. P.O, THALIPARAMBA TALUK, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY, 670 141. R1 TO R4 BY GOVT. PLEADER SMT.CHARISMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 20450 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT DATED 24/06/2011 ISSUED BY 6TH RESPONDENT. EXT.P2: COPY OF THE RECEIPT DATED 24/06/2011 FOR THE PAYMENT OF PERMIT FEE. EXT.P3: COPY OF THE REPRESENTATION AND RECEIPT DATED 18/07/2011 SUBMITTED BEFORE THE SECOND, THIRD AND FOURTH RESPONDENTS. EXT.P4: COPY OF THE INTERIM ORDER DATED 03/03/2011 IN WP(C) NO. 4324/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 20450 of 2011 --------------------------------- Dated this the 2nd day of August, 2011 JUDGMENT Pius C.Kuriakose,J. Party respondents were served with notice by special messenger. But they have not chosen to appear before this court to resist the prayers. The petitioner is a provider of infrastructure for various telecom service companies and they have approached this court seeking police protection against the obstruction caused by the 5th respondent and others in the matter of construction of telecommunication tower. According to the petitioner, they have been issued with valid building permit Ext.P1 and all other statutory licences for carrying out the construction of the tower. But the 5th respondent had caused obstruction alleging that there will be health hazard to the local people if the tower is constructed. We notice the issue of health hazards resulting from mobile telecom tower is decided in favour of the petitioner by judgment of this court in Essar Telecom Infrastructure Pvt. Ltd vs. State of Kerala (2011 WP(C) .20450/2011 2 (2) KLT 516). We do not find any reason as to why the petitioner should not be permitted to construct the proposed tower if the petitioner is possessed of Ext.P1 and other valid permits. As the averments are established by non traverse we are inclined to allow the writ petition. Accordingly the writ petition is allowed and respondents 3 and 4 are directed to provide effective and adequate police protection to the petitioner's work for construction of the mobile tower without any obstruction from the 5th respondent or people acting under them on condition that Ext.P1 permit is in currency. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .20450/2011 3