IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 4713 of 2011(L) -------------------------------------- PETITIONER(S): ------------------------ 1. IDEA CELLULAR LIMITED(FORMERLY KNOWN AS ESCOTEL MOBILE COMMUNICATIONS, REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR.M.N., HEAD LEGAL, INDUS TOWERS LIMITED, VANKARATH TOWER, 8TH FLOOR, N.H.BYEPASS, PALARIVATTOM, KOCHI-24. 2. INDUS TOWERS LIMITED, VANKARATH TOWER, 8TH FLOOR, N.H.BYEPASS, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR.M.N., HEAD LEGAL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE,(RURAL) KOZHIKODE DISTRICT. 2. STATION HOUSE OFFICER, PERUVANNAMOZHI POLICE STATION, KOZHIKODE DISTRICT. PIN-673 528. 3. JAMES, KANHIRATHINGAL, PERUVANNAMOZHI.P.O., CHAKKITTAPARA, KOZHIKODE DISTRICT. PIN-673 528. 4. VARKEY, KALAYIL, PERUVANNAMOZHI, PERUVANNAMOZHI.P.O., CHAKKITTAPARA, KOZHIKODE DISTRICT. PIN-673 528. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.4713/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LICENSE ISSUED BY THE CENTRAL GOVT. TO THE PETITIONER. P2 COPY OF THE RELEVANT EXTRACT OF GUIDELINES ISSUED BY CENTRAL GOVT. P3 COPY OF THE BUILDING PERMIT DATED 12/11/2007. P4 COPY OF THE NOTIFICATION ISSUED BY CENTRAL GOVT. DATED 26/5/1999. P5 COPY OF THE POLICE COMPLAINT DATED 21/12/2010. P5(A) COPY OF THE ACKNOWLEDGEMENT 23/12/2010. P6 COPY OF THE COMMUNICATIONS DATED 9/3/2010. P6(A) COPY OF THE COMMUNICATION DATED 19/6/2010. P6(B) COPY OF THE COMMUNICATION DATED 19/6/2010. P6(C) COPY OF THE COMMUNICATION DATED 4/10/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 4713 of 2011-L ------------------------------------------------- Dated this the 31st day of March, 2011 JUDGMENT Basant,J. The petitioners have come before this Court with this petition with a prayer to issue directions to respondents 1 and 2 to afford police protection to the petitioners for the peaceful, orderly and unobstructed conduct of a mobile tower set up by petitioners 1 and 2. 2. The crux of the grievance of the petitioners is that respondents 3 and 4, who were earlier engaged by a security agency to provide security for the tower, are illegally obstructing the working of the tower on untenable grounds. There are some monetary disputes and the alleged illegal obstruction is only to W.P.(C) No. 4713 of 2011 -: 2 :- enforce such claim for amounts. 3. Respondents have been served. There is no representation for the respondents. An interim order dated 14/2/11 was issued. The learned counsel for the petitioners submits that, after the interim order, there is no obstruction now. In these circumstances, the interim order dated 14/2/2011 may be made absolute and this proceedings may be closed, submits the learned counsel for the petitioners. 4. The learned Government Pleader submits that respondents 1 and 2 are agreeable to that course. If there be any illegal obstruction, the petitioners can complain to the 2nd respondent whereupon necessary action shall be taken by the 2nd respondent, submits the learned Government Pleader. 5. In the result: (a) This writ petition is allowed. (b) The interim order dated 14/2/2011 that “law and order shall be maintained” is made absolute. (c) We make it clear that this judgment shall enure to the benefit of the petitioners only if there is obstruction on the part of respondents 3 and 4. W.P.(C) No. 4713 of 2011 -: 3 :- (d) The interim order dated 3/3/2011 is withdrawn as unnecessary. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 4713 of 2011 -: 4 :- R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 4713 of 2011 ------------------------------------------------- Dated this the 3rd day of March, 2011 ORDER Basant,J. The respondents have been served. The learned Government Pleader appears for respondents 1 and 2. There is no appearance for respondents 3 and 4. 2. This petition is filed by the petitioners for issue of a direction under Art.226 of the Constitution to respondents 1 and 2 to provide adequate police protection to enable the petitioners to undertake and complete the work of construction of a mobile transmission tower. Interim direction to the same effect is prayed pending disposal of the petition. 3. We have heard the learned counsel for the petitioners and the respondents. Our attention has been drawn to the directions issued earlier by different Benches under identical circumstances. We are satisfied that interim directions can be W.P.(C) No. 4713 of 2011 -: 5 :- issued subject to appropriate safeguards. Accordingly, we issue the following interim directions: (1) Respondents 1 and 2 shall grant adequate police protection to the petitioners to proceed with and complete the construction of mobile transmission tower as against any obstruction that may be raised by respondents 3 and 4 for a period of one month from this date on the following terms and conditions: (i) The petitioners must possess valid licences/permits issued by the statutory authorities concerned for the construction of mobile transmission tower including the licence from the Department of Telecommunications. (ii) No prohibitory order issued by a competent civil court or statutory authority restraining the petitioners from proceeding with the construction of mobile transmission tower is in force. (iii) The building permit issued by the local authority has not been cancelled or revoked and no stop memo has been issued by the competent authority or is in force. We make it clear that respondents 3 and 4, if they are so advised, shall be at W.P.(C) No. 4713 of 2011 -: 6 :- liberty to challenge the permit granted to the petitioners before the competent superior authorities. (iv) The petitioners shall not commission the mobile transmission tower without obtaining further orders from this Court. (v) The respondents objecting to the construction of the mobile transmission tower shall be free to carry out peaceful demonstration against the construction; but shall not cause any physical obstruction to the construction or commit any act of waste. (vi) If it is found that the petitioners must acquire permission other than permission under Rule 141 of the Kerala Municipalities Building Rules, the petitioners shall be liable to demolish the tower. (vii) No equipment including generator shall be put up on the tower without further directions from this Court. 3. Call for hearing and disposal finally on 31/3/11 along with the connected matter. R. BASANT W.P.(C) No. 4713 of 2011 -: 7 :- (Judge) K. SURENDRA MOHAN (Judge) Nan/