IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 1311 of 2010(L) ------------------------------------- PETITIONER: ------------------- INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH 47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD LEGAL, PREMKRISHNAN NAIR. BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION. 2. MELILA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHENGAMANADU, KOTTARAKKARA, KOLLAM. 3. ALEXANDER @ KUNJUMON, THENGUVILA HOUSE, PADINJARE THERUVU, KOTTARAKKARA. 4. CHACKO RAJAN, MUKALU VILA HOUSE, PADINJARE THERUVU, KOTTARAKKARA. 5. MATHAI GEORGE KUTTY, THENGUVILA (MAM VILA HOUSE), PADINJARE THERUVU, KOTTARAKKARA. 6. BIJU PODIYAN, MELUTTU (H), PADINJARE THERUVU, KOTTARAKKARA. 7. P.MATHEW, THENGUVILA, KIZHAKKE THERUVU, KOTTARAKKARA. W.P.(C). NO.1311/2010-L: 8. BIJU, AMARATHUMUKAL (H), PADINJARE THERUVU, KOTTARAKKARA. * 9. ANIYAN, MAM VILA, KIZHAKKE THERUVU, KOTTARAKKARA. * 10. P.MATHEW, MAM VILA, KIZHAKKE THERUVU, KOTTARAKKARA. *R.9 & R.10 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 30/03/11 IN W.P.(C). 11. ALEX, MAM VILA, KIZHAKKE THERUVU, KOTTARAKKARA. R1 BY GOVT. PLEADER SMT. CHARISMA, R2 BY ADVS. SRI.PREMCHAND R.NAIR, SRI.TOJAN J. VATHIKULAM, SMT.C.A.RAKHI ANTONY, R3 TO R8 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SMT.SURYA SASI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1311/2010-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.3: COPY OF THE REGISTRATION CERTIFICATE NO. 177/2008 DTD. 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELECOMMUNICATIONS IN FAVOUR OF THE PETITIONER. EXT.P.4: 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. EXT.P.5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P.6: COPY OF THE BUILDING PERMIT NO.A3-131/09 DTD. 24/12/2009 ISSUED BY THE MELILA GRAMA PANCHAYATH TO THE PETITIONER. EXT.P.7: COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE R.1. EXT.P.8: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE R.1. ACKNOWLEDGING THE RECEIPT OF EXT.P.7. EXT.P.9: COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C). NO.20980/2009. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE REPRESENTATIONS SUBMITTED BEFORE THE PRESIDENT AND SECRETARY OF THE R.2. EXT.R3.B: COPY OF THE COMMUNICATION NO. A3/2755/09 DTD. 19/02/2010 ISSUED BY THE R.2. //TRUE COPY// P.S. TO JUDGE. Prv. PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- WP(C). No. 1311 of 2010 ----------------------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T Pius C.Kuriakose, J. This is a writ petition where the petitioner seeks police protection in the matter of construction of mobile tower and its energisation/commissioning. The construction and energisation are opposed by respondents 3 to 11 mainly on the ground of health hazards. Today when the writ petition came up for hearing it was submitted by Sri. V. Philip Mathews, learned counsel for the petitioner that construction of the mobile tower is over. He requested that the petitioner may be permitted to energise the tower for which police assistance is necessary. The learned counsel for respondents 3 to 8 took strong exception to the submission of Mr. Philip Mathews. According to the learned counsel, an injunction order restraining construction is even now in currency and in view of that injunction order the WP(C). 1311/11 -2- petitioner has not been able to carry out the construction. As already stated, if construction is over, then the only surviving objection is health hazards resulting from the energisation of the tower. This issue is covered against the respondent by judgment of this court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2) KLT 516). So the only aspect to be verified now is whether the claim of the petitioner that construction of the tower is over is correct. In the above circumstance we dispose of the writ petition issuing the following directions: The Secretary of the second respondent Panchayat will immediately conduct an inspection as to whether the construction of the tower proposed by the petitioner is completed in all respects and also as to whether there is any impediment for assigning door number to the same. If it is revealed on the inspection that the construction is already over and there is no impediment on the part of the WP(C). 1311/11 -3- Panchayat in the matter of assigning a door number the second respondent will inform the same to the first respondent and if the first respondent gets such information from the second respondent and if the first respondent is approached by the petitioner complaining that there is obstruction from the party respondents to the energisation/commissioning of the tower the first respondent will afford adequate protection to the personnel of the Electricity Board in the matter of energisation/commissioning of the tower. However, in the absence of any such information from the second respondent no such protection will be granted to the petitioner. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/-