IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 30640 of 2011(D) ---------------------------------------- PETITIONER(S): -------------------------- POSIDON INFRASTRUCTURE PVT.LTD. HAVING REG.OFFICE AT GOKUL BUILDING, VISHRAMBHAG, SANGLI,MAHARASHTRA- 416415, BRANCH OFFICE AT MIG 151, SRISAILAM,GANDHI NAGAR, ERNAKULAM-685 020, REP.BY MR.VINOD NAIR, S/O.VASUDEVAN NAIR, HOUSE NO.31/1028 S,1ST FLOOR, FRIENDS AVENUE 1,FATIMA CHURRCH ROAD,ERNAKULAM-682 019. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): ---------------------------- 1. THE SUB INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL ALUVA, ERNAKULAM DISTRICT. 3. RAYAMANGALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, RAYAMANGALAM GRAMA PANCHAYATH OFFICE, KURUPPAMPADY P.O., ERNAKULAM DISTRICT, PIN-683 545. 4. GOPI.C.A., S/O.AYYAPPAN, CHENGANATHODY HOUSE, RAYAMANGALAM ERNAKULAM DISTRICT, PIN-683 545. 5. AJAYAN, S/O.APPU, MUNDUCHIRAKKAL HOUSE, APPUKKUTTAN, RAYAMANGALAM, ERNAKULAM DISTRICT, PIN-683 545. 6. DILEEP, S/O.RAMAN, MUNDATHIL HOUSE, RAYAMANGALAM ERNAKULAM DISTRICT, PIN-683 545. R1 & R2 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30640/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER GRANTING BUILDING BUILDING PERMIT NO.A3-410/2010 DATED 17/8/2010 ISSUED BY THE SECRETARY, RAYAMANGALAM GRAMA PANCHAYATH. P2 COPY OF THE JUDGMENT PASSED IN WP(C)NO.29093 OF 2010 DATED 31/3/2011. P3 COPY OF THE JUDGMENT MADE IN WP(C)NO.27803 OF 2010 DATED 16/8/2011. P4 COPY OF THE BUILDING PERMIT WITH ENDORSEMENT OF RENEWAL FROM 17/8/2010 TO 16/8/2011 BY THE 3RD RESPONDENT. P5 COPY OF THE COMPLAINT LODGED TO THE 1ST RESPONDENT DATED 27/9/2011. P6 COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE 1ST RESPONDENT DATED 28/9/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 30640 OF 2011 ------------------------ Dated this the 23rd day of November, 2011 JUDGMENT Harilal, J. The petitioner is a private limited company engaged in the business of providing infrastructures and the business of erecting telecommunication towers to various telecommunication companies. The petitioner company is in agreement with 'Indus Tower' a main service provider for setting up base transceiver stations and its ancillary service unit According to the petitioner, the petitioner is under an obligation of erecting a new tower in Survey No.377/05, Block No.18 in Rayamangalam Village, Ernakulam District. The learned counsel for the petitioner submits that the company has already obtained all licenses and permits required under Law. Rayamangalam Grama Panchayat has issued Ext.P1 building permit and subsequently the same was renewed by Ext.P4. 2. Grievance of the petitioner is that respondents 4 to 6 WPC.No.30640/2011 2 objected the construction of the tower saying that the building permit is expired. The counsel for the petitioner submits that the building permit had been renewed by Ext.P4. When the petitioner attempted to start the construction of the telecommunication tower on the basis of the renewed building permit, certain persons in the locality under the leadership of respondents 4 to 6 physically obstructed the work stating the reason that construction of the tower will cause health hazards to the neighbouring residence. The respondents 4 to 6 threatened the workers with physical harm in case they attempted to continue with the work. Though the petitioner has complained before 1st respondent and sought police protection to continue the work, no actin has been taken so far. 3. Respondents 4 to 6 have not entered appearance and thereby the allegations put forward in the writ petition stand unchallenged. In view of the the decision in Essar Telecom Infrastructure (P) Ltd.(M/s.) v. State of Kerala ( 2011 (2) KHC 171 DB) , we are inclined to grant protection to the construction and maintenance of the towers . Respondents 4 to 6 have no right to obstruct the constructions. WPC.No.30640/2011 3 4. Therefore, the first respondent is directed to provide adequate and effective police protection to the staff and employees of the petitioner for carrying out the construction and other works of the Base Transceiver Station and its ancillary Units tower in Survey No.377/05 in Block 18, Rayamangalam Village, Ernakulam District. The writ petition stands allowed. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk