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. 28422 of 2010(C) ----------------------- PETITIONER : --------------------- SHAJI MATHEW, S/O.MATHEW, PALATHARA HOUSE, THRUTHY P.O., CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V. PHILIP MATHEWS RESPONDENT(S): ------------------------- 1. THE S.I. OF POLICE, ANCHAL, KOLLAM DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. EDAMULACKAL GRAMA PANCHAYAT, EDAMULACKAL, KOLLAM DISTRICT-691 321, REPRESENTED BY ITS SECRETARY. 4. A.ZULAIMAN, A.S.R., SUNIL HOUSE, THADIKADU P.O., KOLLAM-691 306. 5. K.SHAMSUDEEN, VAYALARAKKAKATHU, THADICAUD P.O., KOLLAM DISTRICT-691 306. 6. ABDUL KHADIR, KALEERALIKATHU HOUSE, THADICAUD P.O., KOLLAM DISTRICT-691 306. 7. ABDUL KHAN RAWTHER, CHALAMON HOUSE, THADICAUD P.O., KOLLAM DISTRICT-691 306. 8. SALIM, HISHAM MANZIL, THADICAUD P.O., KOLLAM DISTRICT-691 306. ...2/- WP(C).No. 28422 of 2010(C) -2- 9. SULAIMAN, KETTIDATHI HOUSE, THADICAUD P.O., KOLLAM DISTRICT-691 306. 10. INDUS TOWERS LTD., CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 11. STATE OF KERALA, REPRESENTED BY ITSCHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 12. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND I.T., DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110001. R1, R2 & R11 BY SR. GOVT. PLEADER SRI. M.R. SABU R3 BY ADV. SRI.C.J.JOY R6 TO R9 BY ADV. SMT. P. SHYNI R12 BY ADV. SRI. T.P.M. IBRAHIM KHAN, ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 28422 of 2010(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF BUILDING PERMIT DATED 8-7-2010 ISSUED BY THE 3RD RESPONDENT PANCHAYAT. EXT.P2 : COPY OF THE REPRESENTATION DATED 6.8.2010 SUBMITTED BEFORE FIRST RESPONDENT. EXT.P3 : COPY OF THE RECEIPT DATED 6-8-2010 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. EXT.P4 : COPY OF THE LETTER NO. T8/89000/06 DATED 30-10-2006 ISSUED BY THE DIRECTOR GENERAL OF POLICE, KERALA. EXT.P5 : COPY OF THE REPORT SUBMITTED BY THE TECHNICAL COMMITTEE. EXT.P6 : COPY OF THE LETTER DATED 11-9-06 ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM TO KUDAPPANAKUNNU GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 28422 OF 2010 C ----------------------------------------------------------- Dated this the 27th May, 2011. JUDGMENT Basant, J. Petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 police officials to afford protection to the petitioners to undertake the work of construction, installation and operation of a mobile tower as permitted in Ext.P1 in the property of the sixth respondent against illegal obstructions raised by respondents 5 to 9. 2. According to the petitioners Ext.P1 is a regular permit issued by the Panchayat. Though there has been subsequent revocation of the permit by the Panchayat, the Tribunal for Local Self Government Institutions by judgment dated 16-11-2010 in Appeal 1060/2011 had set aside the order of revocation. Respondents 5 to 9 are causing illegal obstruction against the construction of work. Petitioner has hence come to this Court with this petition. WPC 28422/2010 2 3. All respondents have been served. There is no appearance for respondents 5 to 9 when the matter came up for hearing. They have not filed any counter affidavit also. 4. Our attention has been drawn 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}. Having considered all the relevant circumstances, we are satisfied that protection can be afforded. The petitioner is entitled for an order of police protection subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. 5. In the result; a) This petition is allowed. b) Respondents 1 and 2 are directed to afford protection to the petitioner for the construction, installation and operation of a WPC 28422/2010 3 mobile tower in accordance with Ext.P1 permit issued by the third respondent. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 28422/2010 4