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. 4497 of 2011(J) -------------------------------- PETITIONER(S): ------------------- GTL INFRASTRUCTRE LTD., DOOR NO.40/9643, PRABHU TOWER, 1ST FLOOR, OPP. CHENNAI SILKS, M.G.ROAD, NORTH ERNAKULAM, KOCHI-682035, REPRESENTED BY ITS SENIOR EXECUTIVE (LEGAL), MR. JINO ANTONY. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, CHERPU-680561. 3. MR. SUDHI RAJ,S/O. KUTTAPPAN, CHULLIPARAMBIL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. 4. PAVITHRAN, S/O. PRABHAKARAN, PARAKKAL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. 5. SHAJU S/O. RAMAN, MELITTA HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. svs .............2/-... ...2... WPC. NO.4497/2011 6. PRAMOD, S/O. THANKAPPAN, KATTUNGAL HOUSE PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. 7. PRASANTH, S/O. THANKAPPAN, KATTUNGAL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. 8. ANEESH, S/O. MANI, NELLIPARAMBIL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. 9. SANATH, S/O. SADHANANTHAN(KUTTAN), CHULLIPARAMBIL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. 10. SALEESH, S/O. MRS. KUMARI, ORYAMBARATH HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027. 11. AVINISSERY GRAMA PANCHAYAT, AVINISSERY.P.O., PIN-680311, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVT.PLEADER SRI.T.K.VIPINDAS R3 TO 10 BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND R-11 BY ADVS. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL 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. 4497/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT DATED 18/11/2010 ISSUED BY THE AVINISSERY GRAMA PANCHAYAT. P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27/01/2011 AND THE RECEIPT P3: COPY OF THE INTERIM ORDER DATED 25/01/2011 IN WPC.NO.1930/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No.4497 of 2011-J ------------------------------------------------- Dated this the 3rd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions to the 2nd respondent to afford police protection to the petitioner to construct, install and operate a telecommunication tower in accordance with Ext.P1 permit issued by the 11th respondent against illegal obstructions that are raised by respondents 3 to 10. 2. All the respondents have been served. The learned Government Pleader appears for respondents 1 and 2. The 11th respondent has filed a counter affidavit. He does not oppose the prayer in this writ petition. Respondents 3 to 10, though served, have not chosen to appear or oppose the prayer. No counter affidavit has been filed. 3. Ext.P1 is a regular permit. The same has been granted subject to conditions. The validity of the permit is not questioned. No respondent has raised any objection against the grant of the prayer. 4. Our attention has been drawn to the decisions in Essar W.P.(C) No.4497 of 2011 -: 2 :- 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). 5. In the light of the principles laid down in the said decisions referred above, we are satisfied that the payer of the petitioner is justified. 6. In the result: (a) This writ petition is allowed. (b) Respondent No.2 is directed to afford police protection to the petitioner to construct, install and operate the telecommunication tower in accordance with Ext.P1 permit issued by the 11th respondent. (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