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. 27332 of 2010(N) ---------------------------------- PETITIONER(S): ------------------- WIRELESS-TT INFO SERVICES LIMITED. REGISTERED OFFICE AT 5TH FLOOR,GOWRA TRINITY, CHIRAN FORT LANE,BEGUMPET,SECUNDAREBAD-500 003 AND CIRCLE OFFICE AT J & CO CHAMBERS,MANIMALA ROAD EDAPPALLY,COCHIN-24,THROUGH ITS AUTHORIZED SIGNATORY MR.SUDEVAN.V.D. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): -------------------- 1. THE S.I.OF POLICE,MARAD,KOZHIKODE-28. 2. MUHAMMAD KOYA.K.K,KK HOUSE,ARAKKINAR.PO, NEAR MARAD VAYANASALA,KOZHIKODE-673 028. 3. SURESH.A,ALAPPAT HOUSE,ARAKKINAR.P.O, NEAR MARAD VAYANASALA,KOZHIKODE-673 028. 4. HAKID.K.P,K.P.HOUSE,MUNDAPADAM VAYAL, ARAKKINAR.P.O,KOZHIKODE-28. 5. AYISHABI.K.P,CHILLIYULLA KANDI PARAMBU, NEAR ARTS & SPORTS CLUB,MARAD,KOZHIKODE-673028. 6. BABY,W/O.RAMESHAN,NECHI KANDI PARAMBU, NEAR ARTS & SPORTS CLUB,MARAD,KOZHIKODE-673028. 7. LAILA.K.V,K.V.HOUSE,W/O.AALI,NECHI KANDI PARAMBU, NEAR ARTS & SPORTS CLUB, MARAD,KOZHIKODE-673028. R1 BY GOVT.PLEADER SRI.T.K.VIPINDAS R2-4,6,7 BY ADV. SRI.P.V.KUNHIKRISHNAN 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. 27332/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DATED 28/12/2009. P2: COPY OF THE PERMIT DATED 16/07/2010 ISSUED BY BEYPORE GRAMA PANCHAYAT. P3: COPY OF THE REQUEST MADEBY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/08/2010. P4: COPOY OF THE ACKNOWLEDGEMENT OF EXT.P3. P5: COPY OF THE ORDER IN APPEAL NO.714/2010 OF THE TRIBUNAL FOR LOCAL SELF-GOVERNMENT INSTITUTIONS,TRIVANDRUM DATED 17/09/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 27332 of 2010-N ------------------------------------------------- Dated this the 3rd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions to the 1st respondent to afford police protection to the petitioner to undertake the work of construction, installation and operation of a mobile tower in accordance with Ext.P2 building permit issued by the Bepore Grama Panchayat against any illegal obstruction/objection that is caused by respondents 2 to 7. 2. Ext.P2 permit, though there was an attempt to subsequently stop the petitioner from undertaking the construction on the basis of Ext.P2, has been restored by Ext.P5 order of the Tribunal for Local Self Government Institutions, it is pointed out. 3. Respondents 3 to 7 have entered appearance through counsel. No counter affidavit has been filed. The learned counsel submits that the opposition of respondents 3 to 7 is on the ground that the installation and operation of the mobile tower may cause health hazards to the members of the local public. No other contentions are raised. W.P.(C) No. 27332 of 2010 -: 2 :- 4. Our attention has been drawn to the decisions in Essar 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 petitioner is entitled for police protection. 6. In the result: (a) This writ petition is allowed. (b) Respondent No.1 is directed to afford adequate and sufficient police protection to the petitioner to construct, instal and operate the mobile tower as enabled by Exts.P2 and P5. (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 W.P.(C) No. 27332 of 2010 -: 3 :-