IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 31229 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. INDUS TOWERS LTD., CIRCLE OFFICE AT, VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O. MATHEW, PALATHARA HOUSE, THURUTHY P.O., CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): --------------- 1. THE S.I. OF POLICE, IRINJALAKUDA, THRISSUR DISTRICT-680 021. 2. THE SUPERINTENDENT OF POLICE, THRISSUR-680 021. 3. IRINJALAKUDA MUNICIPALITY, MUNICIPAL OFFICE, IRINJALAKUDA, THRISSUR DISTRICT-680 121, REPRESENTED BY ITS SECRETARY. 4. C.M.BABU, MUNICIPAL COUNCILOR, WARD NO.12, IRINJALAKUDA MUNICIPALITY, RESIDING AT CHEMBOTHU PARAMBIL, IRINJALAKUDA P.O., AZAD ROAD, THRISSUR DISTRICT-680 121. 5. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. WP(C).No. 31229 of 2011(C 6. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF THE TELECOMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110001. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R6 FOR R1,R2,R5- SR.G.P.SRI. M.K. ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME D AY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P2 : COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASST.REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P3 : COPY OF THE REGISTRATION CERTIFICATE NO.177/08 DTD.10.1.2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXT.P4 : COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P4(a): THYPED COPY OF EXHIBIT P4. EXT.P5 : COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P6 : COPY OF BUILDING PERMIT NO.BA-116/11-12 DTD.13.6.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P7 : COPY OF THE REPRESENTATION DTD.12.8.2011 SEND BY THE 2ND PETITIONER TO THE FIRST RESPONDENT. EXT.P8 : COPY OF THE ORDER DTD.5.11.2011 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.625/2011. RESPONDENTS' EXHIBITS /TRUE COPY/ P.S. TO JUDGE. CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.31229 OF 2011 ................................................................... Dated this the 6th day of December, 2011. JUDGMENT K. HARILAL, J. The first petitioner is a registered infrastructure provider company, duly licensed by the Department of Telecommunications, Ministry of Communications & IT, Government of India. The company is engaged in the business of providing telecommunication infrastructure which includes erection of towers for various mobile telecommunication service providers. The company seeks police protection to the petitioners and workers for erecting mobile transmission tower near to the building No.VI/701A in Sy.No.341/1 of Irinjalakuda village. 2. The counsel for the petitioners submits that before starting the work, the petitioner company has obtained all statutory licenses and permissions from the concerned authorities. Ext.P6 is the building permit issued by the 3rd respondent. Though a stop memo was issued after the issuance of Ext.P6, the matter was taken in appeal before the Tribunal and the Tribunal passed Ext.P8 order W.P.(C).NO.31229 OF 2011 : 2 : restoring building permit and thus the petitioners have right to work in accordance with Ext.P6 permit and the respondents have no right to make any kind of obstruction. 3. The grievance of the petitioners is that the 4th respondent and his men physically obstructed the erection of mobile tower on a mistaken assumption that mobile tower will cause health hazards. Further, the 4th respondent attacked the worker of the second petitioner who was present at the work site. 4. Though notice has been issued against the third respondent, the 4th respondent has not entered into appearance. In the aforesaid a circumstances, the allegations in the petition stands unchallenged. In view of Essar Telecom Infrastructure (P). Ltd v. State of Kerala (2011 (2) KHC 171), the petitioners are entitled to get police protection for the construction of the mobile tower. We find that the petitioners are entitled to get police protection as prayed for. 5. Therefore the first respondent is directed to grant adequate and effective police protection to the petitioners and W.P.(C).NO.31229 OF 2011 : 3 : their workers for erecting mobile transmission tower near to the building No.VI/701A situated in Sy.No.341/1 of Irinjalakkuda village in Mukundapuram taluk. The writ petition stands allowed. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl