IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 24316 of 2011(L) -------------------------- PETITIONER : - --------------- DELTA TELECOM INDIA PTV.T LTD, HAVING ITS REG.OFF. AT 17 SHILPIN CENTRE,40,GD AMBEDKAR MARG, WADALA WEST,MUMBAI-400031,MAHARASHTRA REP.BY ITS M.D ANIL CHANDRAN,THROUGH HIS P/A HOLDER RINONY.K.L, S/O.LONA,PROJECT MANAGER,B-31,HOUSING BOARD COLONY,CHALAKKDY, THRISSUR - 680 307. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): - --------------- 1. THE SUB INSPECTOR OF POLICE, PERAVOOR POLICE STATION, KANNUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, KANNUR. 3. PERAVOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PERAVOOR GRAMA PANCHAYATH OFFICE, PERAVOOR.P.O, KANNUR - 670 673. 4. ABDULLA, KALATHIL HOUSE, BANGALAMKUNNU, MANATHANA VILLAGE, PERAVOOR, KANNUR DISTRICT - 670 677. 5. ULLUMMA, W/O.ABDULLA, KALATHIL HOUSE, BANGALAMKUNNU, MANATHANA VILLAGE, PERAVOOR, KANNUR DISTRICT - 670 677. R1 & R2 BY GOVT. PLEADER SRI.T.K.VIPINDAS BY ADV. K.V.PAVITHRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24316 of 2011(L) APPENDIX PETITIONER'S EXHIBITS :- EXHIBIT-P1- TRUE COPY OF THE AGREEMENT DATED 09/04/2010 BETWEEN M/S.DELTA TELECOM INDIA PVT. LTD AND M/S. INDUS TOWERS. EXHIBIT-P2- TRUE COPY OF THE BUILDING PERMIT NO. AE-1341/11 DATED 15/03/2011 ISSUED BY THE SECRETARY, PERAVOOR GRAMA PANCHAYATH. EXHIBIT-P3- TRUE COPY OF THE COMPLAINT LODGED TO THE FIRST RESPONDENT DATED 02/04/2011. EXHIBIT-P4- TRUE COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE FIRST RESPONDENT DATED 02/04/2011. EXHIBIT-P5- TRUE COPY OF THE ORDER W.P(C)NO.12104 OF 2011 DATED 25/07/2011 RESPONDANTS'S EXHIBITS :- NIL. TRUE COPY P.A TO JUDGE amk. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 24316 of 2011 ----------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T Pius C.Kuriakose, J. This writ petition is instituted by a company which is engaged in erecting telecommunication towers for providers of telecommunication services. The petitioner seeks police protection for construction of a mobile tower (base transciever station) free from of obstructions from respondents 4 and 5. According to the petitioner the 3rd respondent Panchayat has issued valid permit and the petitioner has got all other requisite licences and permits. It is on the ground of health hazard that the respondents 4 and 5 are opposing. Even though the party respondents were served with notice by special messenger they have not turned up to resist the prayers. The averments in the writ petition stand established by non-traverse. Advocate Mr. K.V. Pavithran was given notice. It was Mr. Pavithran who appeared for the Panchayat in the earlier case WP(C). 24316/11 -2- (resulting in Ext.P5). The submission of Mr. Krishna Prasad that the petitioner is having valid permit issued by the Panchayat is not resisted at the Bar. Under the above circumstance, we do not find any reason as to why the relief should not be granted to the petitioner. Accordingly, we allow this writ petition and direct the first respondent and officers under the 2nd respondent to grant reasonable protection to the petitioner for construction of a base transciever station in the property mentioned in paragraph (1) of the writ petition on the strength of Ext.P2 on condition that Ext.P2 continues to be current and valid. If it is reported to the first respondent that respondent Nos. 3 to 5 or anybody under them obstructs construction, the first respondent will take effective action, so that the obstructions are removed. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-