IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 31526 of 2011(M) -------------------------- 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 PO,CHANGANASSERY, KOTTAYAM DISTRICT(PARTNER,PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): --------------- 1. THE S.O. OF POLICE,PATTAMBI, PALAKKAD DISTRICT 678 001. 2. THE C.I. OF POLICE, PATTAMBI, PALAKKAD DISTRICT 678 001. 3. THE SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT 678 001. 4. MUTHUTHALA GRAMA PANCHAYATH, PANCHAYAT OFFICE, MUTHUTHALA, KOZHIKOTTARI PO,PALAKKAD DISTRICT, PIN 679 303,REPRESENTED BY ITS SECRETARY. 5. ALI,S/O.SAYEDALIKUTTY,MANJERIKUNNATHU HOUSE,MUTHUTHALA PO,OTTAPALAM, PALAKKAD DISTRICT 679 101. 6. ABDUL AZEEZ,S/O.JABBAR, POTHUVACHOLA HOUSE,MUTHUTHALA PO,OTTAPALAM, PALAKKAD DISTRICT 679 101. 7. MUSTAFA,S/O.MOIDEEN, EYAMMADACKAL HOUSE,MUTHUTHALA PO,OTTAPALAM, PALAKKAD DISTRICT 679 101. 8. MUMMYKUTTY,S/O.MOIDEENKUTTY, MANJERIKUNNATHU HOUSE,MUTHUTHALA PO,OTTAPALAM, PALAKKAD DISTRICT 679 101. 9. ABDUL SATHAAR,S/O.ABUBACKER, MANJERIKUNNATHU HOUSE,MUTHUTHALA PO,OTTAPALAM, PALAKKAD DISTRICT 679 101. 10. KUNJI MUHAMMED,PORALIYIL HOUSE, MUTHUTHALA PO,OTTAPALAM,PALAKKAD DISTRICT 679 101. 11. BABU,KONAKOTTIL HOUSE, MUTHUTHALA PO,OTTAPALAM,PALAKKAD DISTRICT 679 101. 12. STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 13. UNION OF INDIA,REPRESENTED BY ITS SECRETARY,MINISTY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS,SANCHAR BHAVAN, 20, ASHOKA ROAD,NEW DELHI 110 001. BY SR. G.P.FOR R1 TO R3 & R12 SRI.S.P.ARAVINDAKSHAN PILLAY FOR R4 SMT.N.SANTHA FOR R4 SRI.S.A.ANAND FOR R4 SRI.K.A.BALAN FOR R4 SRI.PETER JOSE CHRISTO FOR R4 SMT.T.D.RAJALAKSHMI FOR R7,8,10 & 11 SRI.R.SREEHARI FOR R7,8,10 & 11 SRI. PARAMESWARAN NAIR FOR R13 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXHIBIT P2 COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES,NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXHIBIT P3 COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 10/1/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT DEPARTMENT OF TELECOMMUNICATIONS. EXHIBIT 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. EXHIBIT P4(A) TYPED COPY OF EXHIBIT P4. EXHIBIT P5 COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-111) OF THE MINISTRY OF COMMUNICATIONS & IT ,DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI EXHIBIT P6 COPY OF BUILDING PERMIT NO.66/11 DATED 19/7/2011 EXHIBIT P7 COPY OF THE REPRESENTATION DATED 6/8/2011 SEND BY THE 2ND PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P8 COPY OF THE ORDER DATED 14/10/2011 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.564/2011. RESPONDENTS' EXHIBITS:NIL /TRUE COPY/ P.S. TO JUDGE CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.31526 OF 2011 ................................................................... Dated this the 22nd day of December, 2011. JUDGMENT Harilal, J. The first petitioner is a company engaged in the construction of mobile telecommunication tower. The company has already obtained licence from the concerned department of the Government of India. In this writ petition the company sought for police protection for constructing/erecting a mobile transmission tower in the property situated in Sy.No.130/2 of Muthuthala village, Ottappalam taluk, Palakkad district. The 4th respondent panchayat has already issued a licence, but thereafter a stop memo was issued prohibiting the construction in accordance with the licence. The stop memo was challenged in appeal before the Tribunal for Local Self Government Institutions, the Tribunal allowed the appeal and thereby the licence stands in currency. The counsel for the 4th respondent submits that the panchayat intends to challenge the order passed by the Tribunal in appeal. The counsel for respondents 7,8,10 and 11 submits that they have no intention to obstruct W.P.(C).NO.31526 OF 2011 : 2 : the construction of the mobile tower. In view of the decision in Essar Telecom Infrastructure (P) Ltd v. State of Kerala (2011 (2) KHC 171), we are inclined to grant police protection to construct the mobile tower. 2. Therefore respondents 1 to 3 are directed to grant adequate and effective police protection to the petitioners, their agents and their workers for erecting mobile transmission tower in the property situated in Sy.No.130/2 of Muthuthala Village, Ottapalam taluk, Palakkad district. It is made clear that this order will not stand in the way of challenging the order passed by the Tribunal for local Self Government Institutions. The writ petition is disposed of accordingly. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl