IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 1436 of 2010(D) ------------------------------ PETITIONER(S): ----------------- DISHNET WIRELESS LTD., NO.9419/33/2365, R.R.ARCADE, GEETHANJALI BUS STOP, NH BYPASS, THAMMANAM.P.O., VYTTILA,KOCHI-32, REPRESENTED BY ITS AUTHORISED SIGNATORY AND CIRCLE MANAGER LEGAL, V.K.SAJITH. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------- 1. THE SUB INSPECTOR OF POLICE, CHOMBALA POLICE STATION, KOZHIKODE DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, VADAKARA KOZHIKODE DISTRICT. 3. THE SUPERINTENDENT OF POLICE (RURAL) KOZHIKODE DISTRICT. 4. MR. VINOD WINSENT, S/O. WINSENT, NEAR C.S.I. CEMETERY ROAD, CHOMBALA, VADAKARA, KOZHIKODE. 5. MR. V.T.MOHAN DAS, S/O. GEORGE, NEAR C.S.I. CEMETERY ROAD, CHOMBALA, VADAKARA, KOZHIKODE. 6. MR. YAYAPRAKASH, S/O. KELAPPAN, NEAR C.S.I. CEMETERY ROAD, CHOMBALA, VADAKARA, KOZHIKODE. WP(C).No. 1436 of 2010(D) -2- 7. MRS.SULAIKA, W/O. USMAN, RAHMATH MANZIL, NEAR C.S.I. CEMETERY ROAD, CHOMBALA,VADAKARA, KOZHIKODE. ADV. SRI.THOMAS T.VARGHESE FOR R4-7 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1436 of 2010(D) APPENDIX PETITIONER'S EXTS EXT.P1:- COPY OF THE RELEVANT PAGES OF THE LICENSE AGREEMENT DATED 18/12/06. EXT.P2:- COPY OF THE BUILDING PERMIT NO.25/2009-2010 DATED 13/05/09. EXT.P3:- COPY OF THE COMPLAINT DATED 09/01/10. EXT.P4:- COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 09/01/10. EXT.P5:- COPY OF THE CHART COMMUNICATION THROUGH ABTS. EXT.P6:- TRUE COPY OF THE CHART SHOWING HE COMPARISON BETWEEN MOBILE BASE STATIONS AND OTHER SOURCES OF RADIO FREQUENCY EMR. EXT.P7:- COPY OF THE REPORT DATED 06/10/04. EXT.P8:- TRUE COPY OF THE LETTER DATED 04/11/08. EXT.P9:- COPY OF THE REPORT OF THE WORLD HEALTH ORGANIZATION DATED MAY, 2006. EXT.P10:- COPY OF THE JUDGMENT IN WPC NO.33255 OF 2009 DATED 23/11/09. RESPONDENTS' EXTS EXT.R4(a):- TRUE COPY OF THE DECREE IN O.S.173/09 DATED 04/02/10 OF THE HON. MUNSIFF'S COURT, VADAKARA. EXT.R4(b):- REPORT ALONG WITH THE ROUGH SKETCH OF THE ADVOCATE COMMISSIONER DATED 15/01/10 IN O.S.173/09 OF THE HON. MUNSIFF COURT VADAKARA. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.1436 of 2010 ------------------------------------------------ Dated this the 17th day of October, 2011 JUDGMENT Pius C. Kuriakose, J On considering this Writ Petition for admission, this Court on 25/01/10 passed the following interim order. “If the petitioner is possessed of valid licence from the statutory authorities concerned for the construction of Mobile Base Transceiver Station including licence from the Department of Tele Communication and in the absence of any prohibitory orders issued by a court of law or from any statutory authority, if any obstruction is caused to the construction work by anybody including the party respondents, petitioner will be granted necessary protection to remove such obstruction. This will not stand in the way of any peaceful demonstration by the respondents. However, the construction of the above tower will not enable the petitioner to commission it without obtaining permission from this Court.” 2. Today it is submitted on behalf of the counsel for the petitioner that after the above interim order was passed, the Civil Court issued an order of temporary injunction. Learned counsel wanted time to clarify whether the above interim W. P. C. No.1436 of 2010 -2- order is even now in force. We are not inclined to grant time because it is clear from the interim order issued by this Court on 15/01/10 that protection has been granted by this Court only in the absence of any prohibitory orders issued by a court of law. We confirm the interim order clarifying that protection to be granted for enforcement of the above interim order, will be so granted only if the injunction order issued by the competent civil court is vacated. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-