IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 27076 of 2010(H) -------------------------- PETITIONER(S): --------------- INDUS TOWERS LTD VANKARATH TOWER, 8TH FLOOR, N.H.BYE PASS, PALARIVATTOM, KOCHI-24 REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR.M.N. ,HEAD LEGAL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM DISTRICT.1. 2. STATION HOUSE OFFICER, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM.695541. 3. MANIKANTAN, WARD MEMBER,SIVAPURI, EDATHARA, ARUVIKKARA PO, -IN-695 564. 4. ASHOK KUMAR, S/O.SASIKUMAR, ASWATHY, VARIYAN VILAKAM, EDAMON, ARUVIKKARA PO, PIN-695564. 5. ARUVIKKARA GRAMA PANCHAYATH, REP.BY ITS SECRETARY, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT.695 564. R3 BY ADV. SMT.MINI GOPINATH R5 BY ADV. SRI.D.KISHORE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.27076/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY I (IP-I). P1(a):- COPY OF THE CERTIFICATE ISSUED BY GOVT.OF INDIA WITH RESPECT TO THE NAME CHANGE. P1(b):- COPY OF THE LICENSE ISSUED BY CENTRAL GOVT. TO ONE OF THE SERVICE PROVIDERS. P2:- COPY OF THE BUILDING PERMIT ISSUED BY 5TH RESPONDENT TO THE PETITIONER DATED. 24.6.2010. P3:- COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 20.8.2010. P4:- COPY OF THE ACKNOWLEDGMENT TO THE P3 COMPLAINT. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE MASS REPRESENTATION DATED 10.7.2010 SUBMITTED BY THE LCOAL PEOPLE BEFORE THIS RESPONDENT. R5(b):- COPY OF THE PROCEEDINGS NO.A6/6751/10 DATED 12.7.2010 OF THE 5TH RESPONDENT. R5(c):- COPY OF THE ORDER DATED. 30.7.2010 IN IA. 948/10 IN APPEAL 669/10 OF TRIBUNAL FOR LSGI. TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.27076 OF 2010 ............................................. Dated this the 17th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 and 2 to afford protection to the petitioner to undertake the construction of a mobile tower in accordance with Ext.P2 permit issued by the 5th respondent against the illegal obstructions that are being raised by respondents 3 and 4. 2. According to the petitioner, Ext.P2 building permit is valid and enforceable. Respondents 3 and 4 have no manner of right to raise any obstruction against the construction. The police are guilty of inaction. They are not affording protection. Hence this petition is filed by the petitioner. 3. Respondent No.3 has entered appearance through counsel. The counsel submits that respondent No.3 shall not raise any obstruction against the construction. The learned W.P.(C).NO.27076 OF 2010 : 2 : counsel for the 5th respondent and the learned counsel for the petitioner submit that though the 5th respondent has issued stop memo, the Tribunal for Local Self Government Institutions vide judgment dated 20th September, 2010 in Appeal No.669/2010 has already set aside the stop memo. 4. Our attention has been drawn to Essar Telecom Infrastructure (P) Ltd. v. C.I. of Police (2010 (2) KLT 782) and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). In the absence of any valid objection raised by any one, we are satisfied that the petitioner is entitled for an order of police protection as prayed. 5. In the result: a. This petition is allowed. b. Respondents 1 and 2 are directed to afford police protection to the petitioner to undertake the construction of mobile tower in accordance with Ext.P2 permit issued by the 5th respondent against the illegal obstruction, if any by respondents 3 and 4. c. Needless to say, the direction hereby issued shall be W.P.(C).NO.27076 OF 2010 : 3 : subject to all observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. cl /true copy/ P.S. to Judge.