IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 30837 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- VIOM NET WORKS LTD., REGISTERED OFFICE AT 5TH FLOOR, GOWRA TRINITY, CHIRAN FORT LANE, BEGUMPET, SECUNDERABAD-500003 AND CIRCLE OFFICE AT J & CO CHAMBERS, MANIMALA ROAD, EDAPALLY, COCHIN-24.THROUGH ITS AUTHORIZED SIGNATORY,(DY.MANAGER,LEGAL)M.SANTHOSH KUMAR. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): --------------------- 1. THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION,KASARGOD-671310. 2. MUHAMMED RIYAS, KANNANKAYIL HOUSE, BEERICHERY, THRIKARIPUR, KASARGOD DIST-671310. R1 BY SR. GOVT. PLEADER SRI. M.K.ABOOBACKER R2 BY ADVS. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 30837/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DATED 25-01-2011. P2: COPY OF THE PERMIT DATED 21-02-2011 ISSUED BY THRIKKARIPUR GRAMA PANCHAYAT. P3: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14-11-2011. P4: COPY OF THE ACKNOWLEDGEMENT OF EXT. P3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.30837 of 2011 -------------------------------------------------- Dated this the 23rd day of November, 2011 J U D G M E N T Pius C. Kuriakose, J This writ petition seeks police protection for construction of base transceiver station for the establishment of mobile telecommunication tower. It is alleged that the 2nd respondent and other local people are obstructing the construction of the tower alleging that health hazards will result if the power is established and energies. Eventhough party respondents has been served with notice he has not turned up before this Court. The allegations in the writ petition stands established by non- traverse. The issue has already been decided in favour of the petitioner by judgment of this Court in ESSAR Telecom Infrastructure (P) Ltd. V. State of Kerala (2011(2) KLT 516) . We do not find any reason as to why the the reliefs should not be granted. 2. Sri.M.K.Aboobacker the learned Government Pleader submitted that it is understood that the Grama Panchayat which W.P(C) No.30837 of 2011 2 issued permit is seriously thinking in terms of withdrawing the permit in the wake of mass protest. Under the above circumstances, we dispose of this writ petition directing the 1st respondent to issue protection to the petitioner for construction of the TS on the strength of the building permit issued by the Thrikkaripur Grama Panchayat. However, before granting protection the 1st respondent will enquire with the Secretary of Grama Panchayat as to whether the building permit is in currency or whether any stop memo is issued by the Panchayat. If it is revealed that the building permit is not in currency or that any stop memo is issued by the 1st respondent, he need not grant permission. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab W.P(C) No.30837 of 2011 3