IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 38721 of 2010(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 P.O., CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEW, SRI.GIBI.C.GEORGE. RESPONDENT(S): -------------------------- 1. THE S.I OF POLICE, NENMARA POLICE STATION, PALAKKAD, PIN-678 508. 2. THE C.I. OF POLICE, NENMARA, PALAKKAD, PIN-678 508. 3. THE SUPERINTENDENT OF POLICE, PALAKKAD, PIN-678 001. 4. NENMARA GRAMA PANCHAYAT, NENMARA, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-678 508. 5. UDAYAN, S/O.MADHAVAN, WORKING AS TEACHER AT AAYALOOR GOVT. U.P. SCHOOL, RESIDING AT AYYANAMPADAM, NENMARA.P.O., PALAKKAD, PIN-678 508. WP(C).No. 38721 of 2010(M) 6. MUHAMMED HANEEF, LULU BAZAR SHOP, AYYANAMPADAM, NENMARA. P.O., PALAKKAD, PIN-678 508. 7. PRASANTH, S/O.SIVARAMAN, H.NO.XVII/51, AYYANAMPADAM, NENMARA.P.O., PALAKKAD, PIN-678 508. 8. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 9. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1 TO R3 & R8 BY SR. GOVT. PLEADER MR.M.R. SABU. R9 BY ADV. MR.T.P.M. IBRAHIM KHAN, ASST. S.G. OF INDIA. R4 BY ADV. SRI.C.J.JOY. R5 TO R7 BY ADV. SRI.H.BADARUDDIN, SMT.B.SHAMEERA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38721 of 2010(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P3: COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXT.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. EXT.P4(a): COPY OF THE EXHIBIT P4. EXT.P5: COPY OF THE COMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P6: COPY OF THE BUILDING PERMIT NO.A9-139/10-11 DATED 26/11/2010. EXT.P7: COPY OF THE REPRESENTATION DATED 21/12/2010 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE RECEIPT DATED 21/12/2010 ISSUED FROM THE OFFICE OF 1ST RESPONDENT. EXT.P9: COPY OF THE POSTAL RECEIPTS. RESPONDENT'S EXHIBITS: EXT.R6A: COPY OF THE APPLICATION OF THE RESPONDENTS 5 TO 7 FOR ISSUANCE OF CERTIFIED COPY OF THE EXHIBIT P6 BUILDING PERMIT. EXT.R6(b): COPY OF THE APPEAL BEARING NO.51/2011 DATED 20/12/2010. EXT.R6(c): COPY OF THE INTERIM ORDER ON 20/01/2011 STAYING THE OPERATION OF THE EXHIBIT P6 BUILDING PERMIT DATED 20/01/2011. //TRUE COPY// P.A. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.38721 of 2010-M ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioners have approached this Court with this petition to afford police protection to them to undertake the work of construction and working of a telecommunication tower as permitted under Ext.P6 issued by the 4th respondent. According to the petitioners, respondents 5 to 7 are raising illegal objections and obstructions to the construction and working of the tower. 2. Ext.P6 building permit, it is submitted, was challenged before the Tribunal for Local Self Government Institutions and the Tribunal has already rejected the appeal. 3. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd. v. C.I of Police [2010 (2) KLT 762] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. 4. The only objection that is raised without any further material is that installation and working of a mobile tower may be hazardous to the health of the community. We are satisfied that the said objection cannot be sustained. We are satisfied that W.P(C) No.38721 of 2010-M 2 the petitioners are entitled for an order of police protection in the light of the precedents referred above. No other valid objection is raised. 5. The learned counsel for respondents 5 to 7 submits that respondents 5 to 7 want to challenge the judgment of the Tribunal for Local Self Government Institutions passed in the appeal preferred against Ext.P6. The judgment was rendered on 19.03.2011. We are of the opinion that it is not necessary to wait any longer for such orders. Needless to say, the order of police protection hereby granted shall be subject to the condition that Ext.P6 remains valid. 6. In the result: a) This Writ Petition is allowed; b) Respondents 1 to 3 are directed to afford police protection to the petitioners for the construction and working of a telecommunication tower as permitted under Ext.P6. c) Needless to say, all conditions stipulated in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171] shall apply. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/