IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 25148 of 2009(K) -------------------------- PETITIONER(S): --------------- BHARATI INFRATEL LTD., CIRCLE OFFICE AT:N.H.BYE PASS,KUNDANOOR, MARADU P.O.,KOCHI-682034,REP.BY ITS CIRCLE LEGAL HEAD (KERALA) & POWER OF ATTORNEY HOLDER,PREMAKRISHNAN NAIR M.N. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. S.I.OF POLICE,SOORANADU. 2. SUPERINTENDENT OF POLICE,KOLLAM. 3. SATHEESAN, SATHEESH BHAVANAM,ANAYADI P.O., SOORANADU NORTH,KOLLAM DISTRICT. 4. VISWANATHAN, VISHNU NILAYAM,ANAYADI P.O., SOORANADU NORTH,KOLLAM DISTRICT. 5. DEVARAJAN, KOTTAKKATTUVILA,ANAYADI P.O., SOORANADU NORTH,KOLLAM DISTRICT. BY GOVERNMET PLEADER SRI.VIPIN DAS ADV. SRI.S.K.BALACHANDRAN FOR R3 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25148 of 2009(K) EXHIBITS ON THE SIDE OF PETITIONER EXT.P1. COPY OF BUILDING PERMIT NO.57/2007 DATED 28/12/2007 ISSUED BY THE SOORANAD NORTH GRAMA PANCHAYAT EXT.P2. COPY OF PETITION DATED 22/6/2009 SUBMITTED BEFORE FIRST RESPONDENT EXT.P3. COPY OF LAWYER NOTICE DATED 4/7/2009 ISSUED BY PETITIONER TO RESPONDENTS 3 TO 5 EXT.P4. COP OF THE ORDER DATED 29/7/2008 PASSED BY THE ELECTRICAL INSPECTOR, KOLLAM EXT.P5. COPY OF CERTIFICATE FOR CONFORMITY OF PRODUCTION ISSUED BY ARAI EXHIBITS ON THE SIDE OF RESPONDENTS : EXT.R3(a) TRUE COPY OF THE COMPLAINT GIVEN BY THE LOCAL RESIDENTS TO THE POLLUTION CONTROL BOARD AND THE ACTION TAKEN UP THE SAME AS PER THE INFORMATION RECEIVED BY THE THIRD RESPONDENT FROM THE PUBLIC INFORMATION OFFICER, POLLUTION CONTROL BORAD, KOLLAM DATED 28/9/2009 EXT.R3(b) TRUE COPY OF THE MASS PETITION DATED 24/2/2009 SUBMITTED BY THE RESIDENTS OF THE LOCALITY TO THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, SOORANADU AND THE ACTION TAKEN REPORT UPON THE SAME. KURIAN JOSEPH,JUDGE C.T.RAVIKUMAR,JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P(C) No.25148 of 2009 -------------------------------- Dated this the 5th day of October,2009 JUDGMENT Kurian Joseph.J The writ petition is filed mainly with the following prayers :- “ 1. Issue a writ of mandamus or other appropriate writ order or direction commanding respondents 1 and 2 to grant adequate and effective police protection to the petitioner and their workers to operate the mobile transmission tower ( Airtel Tower.IN.1085379) in the property situated at Anayadi in Survey No.520/6-3 at North Sooranad Village, Kollam District without any threat or obstruction from respondents 3 to 5 or any others under them. 2. Issue a writ of mandamus or other appropriate writ order or direction commanding respondents 1 and 2 to grant adequate and effective police protection to the petitioner and their workers to enter into the operating room of the mobile transmission tower (Airtel Tower.IN.1085379) in the property situated at Anayadi in Survey No.520/6-3 at North Sooranad Village, Kollam District and to do works without any threat or obstruction from respondents 3 to 5 or any others under them”. 2. It appears that the petitioner has been operating the mobile tower since more than one year. However going by the W.P(C) No.25148 of 2009 2 counter affidavit filed by the respondents it is seen that Diesel Generator operation causes serious health hazards.Now petitioner has filed I.A.No.12109/2009. In the affidavit accompanying the petition it is stated that the petitioner does not want to use Diesel Generator, the mobile tower will be operated by electric supply from KSEB. It is submitted that the Diesel Generator will be used only if there is any failure of power supply. So long as petitioner operates the mobile tower with valid licence/permits and since the petitioner has been operating the same for some time, petitioner cannot be prevented from operating it. If the respondents or for that matter any members of the public have any objection it is for them to pursue their grievance before the Authority concerned. Writ petition is disposed of making it clear that in case the petitioner possesses valid license/permits to operate the mobile tower there shall be no interference. 3. However it is made clear that the tower shall be operated by electric supply by KSEB. In case there is any W.P(C) No.25148 of 2009 3 obstruction to the operations of the tower as above, the police shall give necessary protection. This Judgment shall not stand in the way of the respondents or any member of the public approaching the competent authorities seeking further interference in the matter. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn