IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21136 of 2011(N) --------------------------------------- PETITIONER: ------------------- ASHTEC CONTRACTORS (PVT) LTD., GREAT LAND, UGRAPURAM (P.O), ARRECODE, MALAPPURAM, REPRESENTED BY ITS MANAGING DIRECTOR MAHABOOB.C. BY ADVS. SRI.P.R.AJITHKUMAR, SRI.K.MANOJ CHANDRAN. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPPURAM 676 505. 2. THE SUB INSPECTOR OF POLICE, VAZHAKKADU POLICE STATION, VAZHAKKADU, MALAPPURAM DISTRICT- 676 505. 3. KHALID, S/O.SEETHI HAJI, KALATHIL HOUSE, MUNDUMOOZHI.P.O, VAZHAKKADU, MALAPPURAM- 676 505. 4. CHEKKUTTY, S/O.ALAVI, THERUDIKALLIKKAL, MUNDUMOOZHI.P.O., VAZHAKKADU, MALAPPURAM-676 505. 5. ASHRAF, S/O.UNNIYANKUTTY MOULAVI, THERUDIKALLIKKAL, MUNDUMOOZHI P.O., VAZHAKKADU, MALAPPURAM- 676 505. 6. ALIKUTTY, S/O.MOYIN, KARKKANPARAMBATH, OORKADAVU.P.O., KARUMARAKKAD 676 505. W.P.(C). NO.21136/2011-N: 7. VAZHAKKAD GRAMA PANCHAYAT, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY -676 505. R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISMA, R3 TO R6 BY ADVS. SRI.BABU S. NAIR, SRI.K.RAKESH, R7 BY SRI.M.A.FAYAZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21136/2011-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT NO.A2/87/2011-12 DTD. 01/06/2011. EXT.P.2: COPY OF THE SITE PLAN APPROVED BY THE VAZHAKKADU GRAMA PANCHAYATH. EXT.P.3: COPY OF THE LEASE AGREEMENT DT. 09/05/2011. EXT.P.4: COPY OF THE RELEASE ORDER DTD. 05/07/2011. EXT.P.5: COPY OF THE COMPLAINT DTD. NIL. EXT.P.6: COPY OF THE RECEIPT DTD. 15/07/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.21136 of 2011 ------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T C.K.ABDUL REHIM, J. Petitioner is seeking police protection for construction of a mobile transmission tower which is being erected on the strength of Ext.P1 building permit issued by the 7th respondent panchayat. Complaint of the petitioner is that respondents 3 to 6 are causing obstruction to the construction of the tower raising unfounded apprehension of causing health hazards. It is alleged that they are forcibly obstructing the construction activities, by even preventing ingress and egress of vehicles to the site in question. Inspite of Ext.P5 complaint submitted to the 2nd respondent, it is alleged that no action was taken to remove the illegal obstruction. Hence this writ petition is filed. 2 W.P.(C) No.21136 of 2011 2. Heard ; counsel appearing for respondents 3 to 6 as well as standing counsel appearing for the 7th respondent panchayat. It is conceded that the construction is being done on the strength of a valid Building Permit. Learned counsel for respondents 3 to 6 submitted that they have no intention to cause any physical obstruction to the work in question. We take note of the fact that the apprehensions regarding health hazard on establishing the mobile transmission tower, has no basis in view of the decision of this Court in the decision in Essar Telecom Infrastructure (P) Ltd. Vs. State of Kerala (2011(2) KLT 516). 3. Under the above mentioned circumstances, we record the statement made on behalf of respondents 3 to 6 that they have no intention to cause any physical obstruction to the construction activities. If any complaint is received by the 2nd respondent regarding any physical obstruction, necessary steps shall be taken to avert such 3 W.P.(C) No.21136 of 2011 obstruction and to afford protection for completing the construction. The writ petition is disposed of with the above directions. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/