IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 36578 of 2009(N) -------------------------------- PETITIONER(S): ----------------- TOWER VISION INDIA (P) LTD. BUILDING NO.29/372, ARAKKAL HOUSE, VYTTILA, ERNAKULAM, RERPESENTED BY ITS ASST MANAGER, LEGAL MR RASHY INDRAN. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE TRISSUR DISTRICT. 2. DEPUTY SUPERINTENDENT OF POLICE TRISSUR, TRISSUR DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE OLLUR POLICE STATION, TRISSUR DISTRICT. 4. THE SUB INSPECTOR OF POLICE MANUTHY POLICE STATION, TRISSUR DISTRICT. * 5. MR.SIVADASAN, CHERIYAKATHU HOUSE NETTISSERY PO, THRISSUR DISTRICT.[DELETED] 6. MR.SANTHOSH, S/O. THANKAMANI UTHAPPILLY, NETTISSERY PO, THRISSUR DISTRICT. WP(C).No. 36578 of 2009(N) -2- 7. MR. ABHILASH, S/O.GEETHA, UTHAPPILLY NETTISSERY PO, THRISSUR DISTRICT. 8. MR.ABHIJITH, S/O.GEETHA, UTHAPPILLY NETTISSERY PO, THRISSUR DISTRICT. 9. MR.RAMESH, S/O.SANKARAN NAIR VELLOOR HOUSE, UTHAPPILLY NETTISSERY PO, THRISSUR DISTRICT. 10. TRISSUR CORPORATION, TRISSUR 680001 REPRESENTED BY ITS SECRETARY. ADV. SRI.P.G.SURESH FOR R6 TO 9 SRI.C.V.MANUVILSAN FOR R6-9 SMT.K.VIDYA FOR R6-9 SRI.M.R.VIBIN FOR R6-9 SRI.K.P.VIJAYAN FOR R7 SRI.V.M.SYAM KUMAR FOR R7 GOVT. PLEADER SRI.T.K.VIPINDAS *[R5 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DT.20/07/10 IN I.A.9534/10] THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, ALONG WITH WPC NO.7135/09 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING. WP(C).No. 36578 of 2009(N) APPENDIX PETITIONER'S EXTS EXT.P1:- PHOTOCOPY OF THE RECEIPT ISSUED BY THE CORPORATION DATED 29/10/09 FOR PAYMENT OF APPLICATION FEE. EXT.P2:- PHOTOCOPY OF LETTER DATED 30/11/09 SENT BY THE PETITIONER TO THE 10TH RESPONDENT. EXT.P3:- PHOTOCOPY OF THE CHEQUE DATED 30/11/09 SENT TO THE 10TH RESPONDENT AND THE RECEIPT ISSUED BY THE POSTAL DEPARTMENT TO THE PETITONER. EXT.P4:- PHOTOCOPY OF THE CIRCULAR NO.2750/RD2/09/LSGD DATED 13/03/09 ISSUED BY THE GOVERNMENT. EXT.P5:- PHOTOCOPY OF THE JUDGMENT DATED 04/07/08 IN WPC.15605/08. EXT.P6:- PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE POLICE AUTHORITIES AND RECEIPT DATED 15/12/09. EXT.P7:- PHOTOCOPY OF THE ORDER DATED 01/02/08 OF THE DGP TO ALL THE SUPERINTENDENT OF POLICES IN THE STATE. EXT.P8:- PHTOSTAT COPY OF THE ORDER ISSUED BY THE 10TH RESPONDENT CORPORATION DATED 24/02/10 TO THE PETITIONER. EXT.P9:- PHOTOSTAT COPY OF THE DEMOLITION NOTICE ISSUED BY THE 10TH RESPONDENT TO THE PETITIONER. EXT.P10:- PHOTOSTAT COPY OF THE STOP MEMO DATED 19/02/10 ISSUED BY THE 10TH RESPONDENT CORPORATION TO THE PETITIONER. EXT.P11:- PHOTOSTAT COPY OF THE DEMOLITION NOTICE 19/02/10 ISSUED TO THE PETITIONER BY THE 10TH RESPONDENT CORPORATION. EXT.P12:- PHOTOSTAT COPY OF THE FINAL ORDER IN APPEAL NO.188/10 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. EXT.P12(a):- PHOTOCOPY OF THE FINAL ORDER IN APPEAL NO.189/2010 PASSD BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. EXT.P12(b):- PHOTOCOPY OF THE FINAL ORDER IN APPEAL NO.190/10 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. WP(C).No. 36578 of 2009(N) EXT.P13:- PHOTOSTAT COPY OF THE STOP MEMO DATED 23/03/10 ISSUED BY THE 10TH RESPONDENT CORPORATION TO THE PETITIONER. EXT.P14:- PHOTOCOPY OF THE FINAL ORDER IN APPEAL NO.282/10 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. EXT.P15:- PHOTOCOPY OF THE JUDGMENT IN WPC NO.4421/10 OF THIS HON COURT. EXT.P16:- PHOTOCOPY OF THE JUDGMENT IN WPC NO.5851/10 OF THIS HON. COURT. EXT.P17:- PHOTOCOPY OF THE JUDGMENT DATED 11/02/11 IN O.S.660/10 OF THE MUNSIFF COURT, THRISSUR. RESPONDENT'S EXTS EXT.R6(a):- A TRUE PHOTOCOPY OF THE COMMUNICATION ISSUED BY THE THRISSUR CORPORATION STATING THAT CORPORATION HAS ISSUED STOP MEMO TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. Nos.36578, 7135 of 2009 & 4023 of 2010 ------------------------------------------------ Dated this the 11th day of October, 2011 JUDGMENT Pius C. Kuriakose, J These are all cases where the construction of mobile towers has been completed on the basis of interim orders passed by this Court. It is also seen from the records produced that the construction was on the strength of permits issued by the concerned local authorities. If at all the local public continue to have any objection, the same is on the basis of health hazards. The issue of health hazards is already decided in favour of the petitioners by judgment of this Court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2), KLT 516). We do not find any justification for not allowing the petitioners Companies to energize the towers already constructed. We allow these Writ Petitions and permit the companies to energize the towers. If any W. P. C. Nos.36578, 7135 of 2009 & 4023 of 2010 -2- objection is raised by any one of the party respondents or anybody acting under them to energize the towers, the Police Officers shall remove the obstructions and afford requisite protection to the petitioners to have peaceful energisation and continued functioning of the towers. 2. These Writ Petitions are disposed of with the above directions. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-