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. 27074 of 2010(H) ---------------------------------------- PETITIONER(S): ----------------------- INDUS TOWERS LIMITED, VANKARATH TOWER, 8TH FLOOR, N.H.BYEPASS, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS DULY AUTHORISED REPRESENTATIVE, PREMAKRISHNAN NAIR.M.N, HEAD LEGAL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 691 001. 2. STATION HOUSE OFFICER, ANCHAL POLICE STATION, KOLLAM.691 306. 3. NAZEER, S/O.ISMAIL KANNU RAVUTHAR, PONGALIL VENGAVILA VEEDU, NEAR MADURAPPA JUNCTION, THADIKKAD.691 306. 4. SHANAWAS, S/O.UDUMAN KANNU RAVUTHAR, PONGALIL VENGAVILA VEEDU, NEAR MADURAPPA JUNCTION, THADIKKAD.691 306. 5. EDAMULACKAL GRAMA PANCHAYATH, REP.BY ITS SECRETARY, ARACKAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 689 695. R1 & R2 BY GOVT. PLEADER SRI.T.K.VIPINDAS R5 BY ADV. SRI.C.J.JOY 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.27074/2010 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 8.7.2010. P3:- COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT. P4:- COPY OF THE ACKNOWLEDGMENT TO THE P3 COMPLAINT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.27074 OF 2010 ............................................. Dated this the 17th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions to respondents 1 and 2 to afford police protection to the petitioner to undertake the construction of mobile tower strictly 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 is the regular permit. There is no challenge against the said permit. Respondents 3 and 4 have no manner of right to cause obstruction to the construction of the tower. They are raising illegal objections and obstructions. In these circumstances the petitioner has come to this court seeking protection. 3. Respondents 3 and 4 though served have not chosen to enter appearance. Respondent No.5 has entered appearance through counsel. The counsel confirms that W.P.(C).NO.27074 OF 2010 : 2 : Ext.P2 is a valid permit and the petitioner is entitled to undertake the construction under Ext.P2. 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). We are satisfied that the petitioner is in these circumstances entitled to an order of police protection. 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 6th respondent. c. Needless to say, the direction hereby issued shall be 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