IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 37051 of 2010(F) -------------------------------------- PETITIONERS: --------------------- 1. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O.MATHEW, PALATHARA HOUSE, THIRUTHY.P.O., CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENTS: ------------------------ 1. THE S.I OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE. 673 001. 2. THE C.I OF POLICE, NADAKAVU, KOZHIKODE. 673 001. 3. THE SUPERINTENDENT OF POLICE, KOZHIKODE. 673 001. 4. KOZHIKODE CORPORATION, CORPORATION OFFICE, KOZHIKODE, REPRESENTED BY ITS SECRETARY. 673 001. 5. THE TOWN PLANNING OFFICER, CORPORATION OFFICE, KOZHIKODE. 673 001. 6. K.JITHESH, S/O.LATE K.SIDHARTHAN, FLORICAN HILL ROAD, CIVIL STATION ROAD.P.O., MALAPARAMBU, KOZHIKODE DISTRICT-673 005. W.P.(C). NO.37051/2010-E: 7. RADHIKA, W/O.LATE K.SIDHARTHAN, FLORICAN HILL ROAD, CIVIL STATION ROAD.P.O., MALAPARAMBU, KOZHIKODE DISTRICT-673 005. 8. DEVI, S/O.LATE K.SIDHARTHAN, FLORICAN HILL ROAD, CIVIL STATION ROAD.P.O., MALAPARAMBU, KOZHIKODE DISTRICT-673 005. 9. RAJAN, POYLOTHU VAYAL HOUSE, B.G.ROAD, WEST HILL, KOZHIKODE. 673 005. 10. SHAJI, S/O.RAJAN, POYLOTHU VAYAL HOUSE, B.G.ROAD, WEST HILL, KOZHIKODE. 673 005. 11. SASIDHARAN, S/O.KUMARAN, PAKKUVETTIL THAZHAM HOUSE, NEAR RAILWAY LINE, B.G.ROAD, WEST HILL, KOZHIKODE. 673 005. 12. SUJAN, S/O.KELUKUTTY, THOPPIL HOUSE, B.G.ROAD, WEST HILL, KOZHIKODE. 673 005. 13. THAYKANDI SIVADASAN, POKARTHODI PARAMBU HOUSE, B.G.ROAD, WEST HILL, KOZHIKODE. 673 005. 14. ANIL KUMAR, S/O.BALAN, NELLIPULATHU HOUSE, B.G.ROAD, WEST HILL, KOZHIKODE. 673 005. 15. SREENIVASAN, S/O.GOVINDAN, THUPPAYAMTHODI PARAMBU HOUSE, B.G.ROAD, WEST HILL, KOZHIKODE. 673 005. 16. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 17. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1 TO R3 & R16 BY SR. GOVT. PLEADER SRI. M.R. SABU, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37051/2010-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.3: COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DTD. 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXT.P.4: COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.4.A: COPY OF THE EXT.P.4. EXT.P.5: COPY OF THE COMMUNICATIONS SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P.6: COPY OF THE BUILDING PERMIT DTD. 15/07/2010. EXT.P.7: COPY OF THE REPRESENTATION DTD. 13/10/10 SUBMITTED BEFORE THE R.1. EXT.P.8: COPY OF THE POSTAL RECEIPTS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 37051 OF 2010 F ----------------------------------------------------------- Dated this the 27th May, 2011. JUDGMENT Basant, J. Petitioners have come to this Court with this petition under Art.226 of the Constitution to afford protection to the petitioners for undertaking work of construction, installation and working of a mobile tower in accordance with Ext.P6 permit issued by the fourth respondent Corporation of Calicut. According to the petitioners such work is to be undertaken in the property of respondents 6 to 8 and respondents 9 to 15 are raising untenable and illegal obstructions to the undertaking of such work. 2. All respondents have been served. Party respondents have not chosen to enter appearance. No counter affidavits have been filed. 3. Our attention has been drawn to the decision 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}. Having considered all the relevant circumstances, we are satisfied that protection can WPC 37051/2010 2 be afforded to the petitioners subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. 4. In the result; a) This petition is allowed. b) Respondents 1 to 3 are directed to afford protection to the petitioners to construct, instal and work the mobile tower as per Ext.P6 permit issued by the fourth respondent. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 37051/2010 3