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. 9018 of 2011(B) ------------------------------- PETITIONER(S): ------------------- 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, MALAPPURAM DIST-676 505. 2. STATION HOUSE OFFICER, VALANCHERRY POLICE STATION, MALAPPURAM-676 552. 3. KHADER, S/O.AHMMEDKUTTY, VATTAMANNIL HOUSE, ATHAVANAD PARA P.O., MALAPPURAM DISTRICT-676 320. 4. FAIZAL, S/O.MUHAMMEDKUTTY, VETTIKATHU HOUSE, ATHAVANAD PARA PO, MALAPPURAM DISTRICT-676 320. 5. JAFAR, S/O.ABU, ANNATH, ATHAVANAD PARA P.O., MALAPPURAM DISTRICT-676 320. svs ...........2/-... ...2... WPC.NO.9018/2011 6. MUSTHAFAM, S/O.KUTTYHASSAN, VATTAMANNIL HOUSE, ATHAVANAD PARA P.O., MALAPPURAM DISTRICT-676 320. 7. FARIS, S/O.KUTTYHASSAN, VANIAMTHODI HOUSE, ATHAVANAD PARA P.O., MALAPPURAM DISTRICT-676 320. 8. MUHAMMEDALI, S/O.IBRAHIM, ANNATH HOUSE, ATHAVANAD PARA P.O., MALAPPURAM DISTRICT-676 320. 9. ATAVANAD GRAMA PANCHAYATH, REP. BY ITS SECRETARY, TIRUR TALUK, MALAPPURAM DIST-676 101. 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: svs W.P.(C). NO. 9018/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY - 1 (IP-I) P1(a):COPY OF THE CERTIFICATE ISSUED BY GOVERNMENT OF INDIA WITH RESPECT TO THE NAME CHANGE. P1(b):COPY OF THE LICENSE ISSUED BY CENTRAL GOVERNMENT TO ONE OF THE SERVICE PROVIDERS. P2: COPY OF THE BUILDING PERMIT ISSUED BY THE 9TH RESPONDENT TO THE PETITIONER DATED 14/10/2010. P3: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT P4: COPY OF THE ACKNOWLEDGMENT TO THE P3 COMPLAINT DATED 30/11/2010. P5: COPY OF THE RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.9018 of 2011-B ***************************** Dated this the 3rd day of June, 2011 JUDGMENT BASANT, J. The 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 for the petitioner to construct, install and operate a mobile tower in accordance with Ext.P2 permit issued by the 9th respondent against illegal objections/obstructions from respondents 3 to 8. 2. Service is complete. There is no appearance for respondents 3 to 9. No counter affidavits have been filed. 3. Ext.P2 is a regular permit. There is no challenge against Ext.P2. 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. 4. In the result: a) This Writ Petition is allowed; W.P(C) No.9018 of 2011-B 2 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 9th respondent against any illegal objections/obstructions that may be raised by respondents 3 to 8; c) Needless to say, the 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/