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. 27186 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ TOWER VISION INDIA(P)LIMITED,MUSCAT TOWERS,IST 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 RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE,OFFICE OF THE SUPERINTENDENT OF POLICE, THRISSUR, THRISSUR DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA,THRISSUR DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, IRINJALAKKUDA CIRCLE OFFICE,THRISSUR DISTRICT. 4. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION,THRISSUR DISTRICT. 5. MR.NAUSHAD,PAVUTHAKADAVIL HOUSE, NEAR VADAKKUMKARA MASJID.P.O,VELLANGALLUR, IRINJALAKKUDA,THRISSUR-680 662. 6. MR.MANOJ,VELUTHERI HUOSE,VELLANGALLUR, IRINJALAKUDA,THRISSUR-680 662. 7. VELLANGALLUR GRAMA PANCHAYATH, VELLANGALLUR.P.O,THRISSUR DISTRICT,REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU R5 & R6 BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) R7 BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.27186/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT DATED 28/7/2010 ISSUED BY THE VELLANGALLUR GRAMA PANCHAYAT. P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND THE RECEIPT DATED 13/8/2010. P3 COPY OF THE REPRESENTATION DATED 18/8/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO RESPONDENTS 2 TO 4. P4 COPY OF THE INTERIM ORDER DATED 13/8/2010 IN WP(C)NO.24045/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 27186 OF 2010 W ----------------------------------------------------------- Dated this the 27th May, 2011. JUDGMENT Basant, J. Petitioner has come to this Court seeking issue of directions under Art.226 to respondents 1 to 4 to afford police protection to the petitioner for undertaking the work of construction, installation and operation of mobile tower as permitted by the seventh respondent under Ext.P1. According to the petitioner respondents 5 to 6 are raising illegal obstruction against undertaking of such work. 2. Respondents have been served. Seventh respondent panchayat has entered appearance. The panchayat raises no objections. Respondents 5 and 6 are not represented before us. No counter affidavit has been filed by them. 3. Our attention has been invited to 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}. We are satisfied that subject to the observations and conditions in Essar Telecom WPC 27186/2010 2 Infrastructure (P) Ltd. v. Sate of Kerala {2011 (2) KHC 171} police protection can be ordered in favour of the petitioner. 4. In the result; a) This petition is allowed. b) Respondents 1 to 4 are directed to afford protection to the petitioner to undertake the work of construction, installation and operation of the mobile tower in accordance with Ext.P1 permit. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 27186/2010 3