IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 8756 of 2011(T) ---------------------- PETITIONER : --------------------- INDUS TOWERS LIMITED, VANKARATH TOWER, 8TH FLOOR, N.H.BYEPASS, PALARIVATTOM, KOCHI-24 REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR M.N., HEAD LEGAL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT-680001. 2. STATION HOUSE OFFICER, CHERUTHURUTHI POLICE STATION, THRISSUR-679531. 3. ALAGIRI, AGED 30 YEARS, S/O.AYYAPPAN, KUNNUMMAL (H), ATTOOR, MULLURKARA, PIN-680 583. 4. GOPALAN, AGED 34 YEARS, S/O.ALAGIRI, KUNNUMMAL (H), ATTOOR, MULLURKARA, PIN-680 583. 5. MULLURKARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, THELAPPILLY TALUK, THRISSUR DISTRICT-680101. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 8756 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY – I (IP-I). EXT.P1(a) : COPY OF THE CERTIFICATE ISSUED BY GOVT. OF INDIA WITH RESPECT TO THE NAME CHANGE. EXT.P1(b) : COPY OF THE LICENSE ISSUED BY CENTRAL GOVT. TO ONE OF THE SERVICE PROVIDERS. EXT.P2 : COPY OF THE BUILDING PERMIT ISSUED BY 5TH RESPONDENT TO THE PETITIONER DATED 17.06.2010. EXT.P3 : COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 4.1.2011. EXT.P4 : COPY OF THE ACKNOWLEDGMENT TO THE P3 COMPLAINT EXT.P5 : COPY OF THE RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.8756 of 2011-T ***************************** Dated this the 3rd day of June, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 to afford police protection to the petitioner to undertake the work of construction, installation and operation of a telecommunication tower in accordance with Ext.P2 building permit issued by the 5th respondent. Respondents 3 and 4 are raising illegal obstructions, it is complained. 2. Service is complete. There is no appearance for respondents 3 to 5. Ext.P2 is a regular permit. No challenge is raised against Ext.P2 by anyone, it is submitted. We accept that submission. Our attention has been drawn to the precedents 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]. In the total absence of any objections, we are satisfied that the prayer can be allowed in the light of the precedents referred above. W.P(C) No.8756 of 2011-T 2 3. In the result: a) This Writ Petition is allowed; b) Respondents 1 and 2 are directed to afford police protection to the petitioner to construct, install and operate a mobile tower in accordance with Ext.P2 permit issued by the 5th respondent against any objections/obstructions that may be raised by respondents 3 and 4; c) Needless to say, this order for police protection is subject to the conditions and observations in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/