IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 8495 of 2011(J) -------------------------------------- PETITIONER(S): ------------------------ GTL INFRASTRUCTURE LTD., DOOR NO.40/9643, PRABHU TOWER, IST FLOOR, OPP. CHENNAI SILKS, M.G.ROAD, NORTH ERNAKULAM, KOCHI-682 035, 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. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY. PIN- 682 020 2. MRS.SEENA W/O.GOKULAN, PATTARUMATATHIL HOUSE, NEAR GOVT.HIGH SCHOOL, ELAMAKARA, PIN-682 026. 3. COCHIN CORPORATION, COCHIN, ERNAKULAM, REPRESENTED BY ITS SECRETARY. PIN- 682 011 R1 BY SENIOR GOVERNMENT PLEADER SRI. M.R. SABU R3 BY ADV.SRI.P.K. SOUYZ, SC FOR COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.8495/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT DATED 7/12/2010 ISSUED BY THE COCHIN CORPORATION. P2 COPY OF THE REPRESENTATION AND THE RECEIPT DATED 6/1/2011. P3 COPY OF THE REPRESENTATION AND RECEIPT DATED 17/2/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.8495 of 2011-J ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to afford protection to the petitioner for undertaking the work of construction and working of a telecommunication tower as permitted by the 3rd respondent under Ext.P1 permit against illegal objections raised by the 2nd respondent. 2. The 3rd respondent has entered appearance. No objection is raised by the 3rd respondent. The 2nd respondent has been served, but there is no appearance. 3. Our attention has been drawn to the decision in Essar Telecom Infrastructure (P) Ltd. v. C.I of Police [2010 (2) KLT 762] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. In the absence of any valid objection, we are satisfied that protection can be afforded to the petitioner subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. W.P(C) No.8495 of 2011-J 2 4. In the result: a) This Writ Petition is allowed; b) Respondent No.1 is directed to afford protection to the petitioner for the construction and working of telecommunication tower as permitted under Ext.P1. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/