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 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 30470 of 2010(G) ------------------------ PETITIONER : --------------------- WIRELESS-TT INFO SERVICES LIMITED, REGISTERED OFFICE AT 5TH FLOOR, GOWRA TRINITY, CHIRAN FORT LANE, BEGUMPET, SECUNDERABAD-500 003 AND CIRCLE OFFICE AT J & CO. CHAMBERS, MANIMALA ROAD, EDAPALLY, COCHIN-24, THROUGH ITS AUTHORIZED SIGNATORY MR. SUDEVAN.V.D. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): ------------------------- 1. THE SI OF POLICE, QUILANDY POLICE STATION, KOZHIKODE DT-673 304. 2. RADHAKRISHNAN, KARINNAT, CHEMMANCHERI.P.O., QUILANDY, KOZHIKODE-673304. 3. BABY SREE, KIZHAKKAYIL, CHEMMANCHERI.P.O., QUILANDY, KOZHIKODE-673304. 4. CHANDRIKA, D/O. KUNJI KANNAN NAIR, MATHALE, VAYILARIA, CHEMMANCHERI.P.O., QUILANDY, KOZHIKODE-673304. 5. BABESH, S/O. BHASKARAN, MATHELE, VAYILARIA, CHEMMANCHERI.P.O., QUILANDY, KOZHIKODE-673304. 6. SUBHASH, S/O. BHASKARAN, NELONADATH, CHEMMANCHERI.P.O., QUILANDY, KOZHIKODE-673304. R1 BY GOVT. PLEADER SMT. C.M. CHARISMA R2 & R6 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 30470 of 2010(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AGREEMENT DATED 25.3.2010. EXT.P2 : COPY OF THE PERMIT DATED 2.9.2010 ISSUED BY CHEMANCHERY GRAMA PANCHAYAT. EXT.P3 : COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 27.09.2010. EXT.P4 : COPY OF THE ACKNOWLEDGMENT OF EXT.P3. EXT.P5 : COPY OF THE ORDER IN APPEAL NO. 95/2011 PASSED BY THE TRIBUNAL FOR LOCAL SELF-GOVERNMENT INSTITUTIONS, TRIVANDRUM DATED 26.3.2011. EXT.P6 : COPY OF THE NOTICE OF THE SECRETARY, CHEMENCHERY GRAMAPANCHAYAT DATED 4.5.2011. EXT.P7 : COPY OF THE ORDER DATED 12.5.2011 OF THE TRIBUNAL IN I.A. NO. 515/2011 IN APPEAL NO. 334/2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ........................................... W.P.(C).NO.30470 OF 2010 ............................................. Dated this the 14th day of July, 2011. JUDGMENT Pius C. Kuriakose,J: Service complete. There is appearance for respondents 2 and 6. The learned counsel for respondents 2 and 6 submits that those respondents are not objecting to the mobile tower of the petitioner. There is no appearance for respondents 3,4 and 5. 2. It is submitted by Sri. Mohamed Mustaque - the learned counsel appearing for the petitioner that the panchayat subsequently revoked the permit for the construction of the tower. But against that order, the petitioner has filed an appeal to the Tribunal for Local Self Government Institutions. Considering that appeal, the Tribunal has granted stay by Ext.P7. Thus, the order of the panchayat revoking the permit stands stayed. The counsel submits that construction of the tower is complete in all W.P.(C).NO.30470 OF 2010 : 2 : respects and what remains is only energization of the tower. The counsel requests that protection may be given against obstruction in the matter of energization at least subject to the outcome of the appeal before the tribunal. In view of the stand taken before this Court by respondents 2 and 6 and the circumstance that the party respondents have not entered appearance before this Court, we feel that request of the learned counsel for the petitioner can be upheld. Hence, we dispose of this writ petition directing the 1st respondent to provide adequate police protection to the petitioner against obstructions, if any, caused by respondents 2 to 6 in the matter of energizing the mobile tower already constructed and its continued functioning. We make it clear that this order is subject to the outcome of the appeal pending before the Tribunal for Local Self Government Institutions. Sd/= PIUS C. KURIAKOSE, JUDGE. Sd/= C.K. ABDUL REHIM,JUDGE. cl /true copy/ P.S. to Judge