IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 29553 of 2011(T) -------------------------- PETITIONER(S): --------------- POSIDON INFRASTURE PVT LTD,REGISTERED OFFICE AT GOKUL BUILDING,VISHRAMBHAG,SANGLI, MAHARASHTRA 416415,BRANCH OFFICE MIG 151,SRISAILAM GANDHI NAGAR,ERNAKULAM 682 020 REP.BY ITS M.D SRI.RAMESH GUNANI THROUGH HIS P/A HOLDER VINOD NAIR S/O.VASUDEVAN NAIR H/NO.31/1028,1ST FLOOR, FRIENDS AVENUE-1, FATIMA CHURCH ROAD, ERNAKULAM 682 019. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, KOZHIKODE DISTRICT 673 101 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDET OF POLICE, KOZHIKODE RURAL 673 020 3. CHORODE PANCHAYAT REPRESENTED BY ITS SECRETARY,CHORODE GRAMA PANCHAYAT OFFICE, CHORODE,KOZHIKODE DISTRICT 673 106 4. BHASKARAN T.P, PUTHIYADATHIL HOUSE,VALLIKKAD,MUTTUNGAL P.O., KOZHIKODE DISTRICT, PIN 673 110 5. PRAMOD T.P, THANNEERPANTHAL HOUSE, VALLIKKAD,MUTTUNGAL P.O., KOZHIKODE DISTRICT PIN 673 110 6. RAHUL N.P, S/O.NIDIYAPARAMBATH HOUSE, MUTTUNGAL P.O,KOZHIKODE DISTRICT PIN 673 110 ADV. SRI.MOHANAN V.T.K. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A TRUE COPY OF THE BUILDING PERMIT NO.A1-10594/10 DATED 24-1-2011 ISSUED BY THE SECRETARY,CHORODE GRAMA PANCHAYAT EXT.P2 A TRUE COPY OF THE COMPLAINT LODGED TO THE 1ST RESPONDENT DATED 31-3-2011 EXT.P3 A TRUE COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE 1ST RESPONDENT DATED 1-4-2011 EXT.P4 A TRUE COPY OF THE JUDGMENT MADE IN W.P(C) NO.11581 OF 2011 DATED 26-07-2011 EXT.P5 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED 24-01-2011 CORRECTED ON 20-10-2011 RESPONDENTS' EXHIBITS : NIL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.29553 OF 2011 ................................................................... Dated this the 13th day of December, 2011. JUDGMENT Harilal, J. The petitioner is a company having the business of erecting telecommunication towers to various telecommunication and related service providers. It is engaged in the business of providing services for building, upgrading, consolidation and support of the telecommunication infrastructure also. The company has got all statutory licences from the Department of Telecommunications, Ministry of Communications and IT, Government of India. 2. The grievance of the petitioner is that respondents 4 to 6 and their men physically obstructed the works stating the reason that construction of the tower would cause health hazards to the neighbouring residents and respondents 4 to 6 and their men threatened the workers by saying that physical harm will be caused in case they attempt to continue with the works. W.P.(C).NO.29553 OF 2011 : 2 : 3. The learned counsel for the petitioner submits that the petitioner has obtained Ext.P1 statutory building permit which has been renewed by Ext.P5 and Ext.P5 is in currency. So long as Ext.P5 stands valid, the petitioner has the right to make constructions in accordance with Ext.P5 and respondents 4 to 6 have no right to make any kind of obstruction or threat to the construction of the mobile tower. In view of the decision laid down in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171), the petitioner is entitled to get police protection as prayed for. 4. Though notice has been issued against respondents 4 to 6, they have not entered appearance and thereby the allegation made against them in the writ petition stands undisputed. 5. In the above circumstances, respondents 1 and 2 are directed to provide adequate and sufficient police protection to the staff and employees of the petitioner for carrying out construction and other works of Base W.P.(C).NO.29553 OF 2011 : 3 : Transceiver Station and its ancillary units tower on the basis of Ext.P5 building permit, from any kind of threat or hindrance from respondents 4 to 5 and their men. The writ petition stands allowed. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl