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. 27574 of 2010(V) ------------------------ PETITIONER: --------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, 1ST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS MANAGER (LEGAL), MR.PRAMOD JAIJI. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DY. SUPERINTENDENT OF POLICE, PERUMBAVOOR, ERNAKULAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, ANGAMALY, ERNAKULAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT. 6. SASI T.S., S/O. SUBRAN, THONIPARAMBIL, PADUVAPURAM P.O., PALISSERY, KARUKUTTY, ANGAMALI, PIN-683 582. 7. VASU, S/O. AYYAPPAN, THONIPARAMBIL, PADUVAPURAM P.O., PALISSERY, KARUKUTTY, ANGAMALI, PIN-683 582. 8. TOMY C.A., S/O. ANTONY, CHIRAYKAL AYIRUKKARAN, PADUVAPURAM P.O., PALISSERY, KARUKUTTY, ANGAMALI, PIN-683 582. 9. BENNY, S/O. ANTONY, MANJELIL, PADUVAPURAM P.O., PALISSERY, KARUKUTTY, ANGAMALI, PIN-683 582. 10. ARUN T.S., S/O. SASI, THONIPARAMBIL, PADUVAPURAM P.O., PALISSERY, KARUKUTTY, ANGAMALI, PIN-683 582. 11. RAVI, S/O. AYYAPPAN, THONIPARAMBIL, PADUVAPURAM P.O., PALISSERY, KARUKUTTY, ANGAMALI, PIN-683 582. 12. SURESH T.S., S/O. SREEDHARAN, THONIPARAMBIL, PADUVAPURAM P.O., PALISSERY, KARUKUTTY, ANGAMALI, PIN-683 582. 13. KARUKUTTY GRAMA PANCHAYAT, ALUVA TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R5 BY GOVT. PLEADER SRI. T.K. VIPINDAS. R6 TO R12 BY ADV. SRI.DEEPU THANKAN R13 BY ADV. SRI. G.SANTHOSH KUMAR (P) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.27574/2010 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RECEIPT ISSUED BY THE KARUKUTTI GRAMA PANCHAYAT DATED 11-06-2010. EXT.P2 : COPY OF THE REJECTION ORDER DATED 02-07-2010. EXT.P3 : COPY OF THE ORDER DATED 31-07-2010 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT DEPARTMENT. EXT.P4 : COPY OF THE NOTICE DATED 12-08-2010 ISSUED BY THE RESPONDENT PANCHAYAT. EXT.P5 : COPY OF THE BUILDING PERMIT DATED 20-08-2010 ISSUED BY THE KARUKUTTI GRAMA PANCHAYAT. EXT.P6 : COPY OF THE REPRESENTATION AND RECEIPT DATED 30-08-2010 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P7 : COPY OF THE REPRESENTATION DATED 31-08-2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 4. EXT.P8 : COPY OF THE INTERIM ORDER DATED 13-08-2010 IN W.P (C) No.24045/2010 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 27574 of 2010-V ------------------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 2 to 5 - all police officials under the 1st respondent State, to afford protection to the petitioner for the construction of a mobile tower in accordance with Ext.P5 regular permit issued by the 13th respondent Panchayat against illegal obstructions that are being raised by respondents 6 to 12. 2. According to the petitioner, Ext.P5 permit has been issued to the petitioner in obedience to Ext.P3 judgment passed by the Tribunal for Self Government Institutions. Respondents 6 to 12, who have not challenged Ext.P5 permit, have no rights to cause any obstruction to the construction of the tower. 3. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd., v. C.I. of Police [2010 (2) KLT 762) (FB)] and Essar Telecom Infrastructure (P) Ltd. v. W.P.(C) No. 27574 of 2010 -: 2 :- State of Kerala (2011 (2) KHC 171). 4. Respondents 6, 7 and 9 to 12 have entered appearance. A counter affidavit has been filed by the 6th respondent. Except the contention that there are three mobile towers already in the locality and that installation and operation of the mobile tower would cause health hazards to the members of the local community, no other contentions are raised. The learned counsel for the petitioner contends that in the light of the precedents referred above those are not tenable objections. 5. We have considered all the relevant inputs. We are satisfied that the petitioner is entitled to an order of police protection as prayed for. 6. In the result: (a) This writ petition is allowed. (b) Respondents 2 to 5 are directed to afford police protection to the petitioner for the construction of the mobile tower strictly in accordance with Ext.P5 building permit issued by the 13th respondent in favour of the petitioner against any obstruction raised by respondents 6 to 12. W.P.(C) No. 27574 of 2010 -: 3 :- (c) Needless to say that this judgment is issued 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) Nan/ //true copy// P.S. to Judge