IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 13942 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------ 1. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24. REPRESENTED BY ITS HEAD-LEAGAL, PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O. MATHEW, PALATHARA HOUSE, THURUTHY.P.O. CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTION,S CHANGANACHERRY) BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): ------------------------------ 1. C.I. OF POLICE, KUTHIYTHODE, ALAPPUZHA. 2. SUB INSPECTOR OF POLICE, KUTHIYATHODE. 3. KODAMTHURUTHU GRAMA PANCHAYAT, KODAMTHURUTHU, ALAPPUZHA. 4. VINEESH, AGED 30 YEARS, S/O.HARI, ILLICKAL VEETTIL, EZHUPUNNA SOUTH.P.O. 5. THANKACHAN AGED 35 YEARS, S/O. SOWRI, VADAKKETHALACKAL, EZHUPUNNA SOUTH.P.O. Kss ..2/- ..2... WPC.NO.13942/2010 P 6. SURESH BABU, AGED 25 YEARS, S/O. BABU, PUTHUYAPARAMBIL,EZHUPUNNA SOUTH.P.O. 7. FALGUNAN, AGED 45 YEARS, S/O. SREEDHARAN, KALATHIL VEETTIL, EZHUPUNNA SOUTH.P.O. 8. BIBISH, AGED 28 YEARS, S/O. BABU, PUTHIYAPARAMBIL,EZHUPUNNA SOUTH.P.O. 9. PRATHAPAN, AGED 50 YEARS, S/O. RAMAKRISHNAN, PUTHIYAPRAMPIL, EZHUPUNNA SOUTH.P.O. 10. UNNI, AGED 25 YEARS, S/O. MAHADEVAN, KANDATHIL CHIRA VEETIL, EZHUPUNNA SOUTH.P.O. 11. BABU, AGED 55 YEARS, S/O. RAMAMKRISHNAN, PUTHIYAPRAMPIL VEETIL, EZHUPUNNA SOUTH.P.O. 12. JYOTHI, AGED 35 YEARS, W/O. ANI, THEKKEATTATHUCHIRA, EZHUPUNNA SOUTH.P.O. 13. AMBILI, AGED 40 YEARS, W/O.FALGUNAN,KALATHIL VEETTIL, EZHUPUNNA SOUTH.P.O. 14. CHANDRA, AGED 55 YEARS, W/O. RAGHAVAN,THUNDIL VEETTIL, EZHUPUNNA SOUTH.P.O. 15. SANTHOSH, AGED 42 YEARS, S/O. PARAMESWARAN, THOTTUMUGHAYIL VEETIL, EZHUPUNNA SOUTH.P.O. 16. SHIBU, AGED 40 YEARS, S/O. SANTHOSH, THOTTUMUGHAYIL VEETIL, EZHUPUNNA SOUTH.P.O. Kss ..3/- ..3... WPC.NO.13942/2010 P 17. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 18. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELECOMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1, R2 & R17 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R3 BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, BY ADV. SRI.S.SUJIN, SMT.NITA.N.S. R4 TO R9 & R11 TO R16 BY ADV.SRI.S.SUDHISH KUMAR R18 BY SRI.P.PARAMESWARAN NAIR, ASST.S.G.OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13942/2010 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORYOF DELHI AND HARYANA. P3: COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DTD. 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS& IT, DEPARTMENT OF TELECOMMUNICATIONS. P4: COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL TERRITORY OF DELHI AND HARYANA. P4(A): TYPED COPY O EXHIBIT P4. P5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. P6: COPY OF BUILDING PERMIT DTD. 23/03/2010 ISSUED BY THE 2ND RESPONDENT. P7: COPY OF THE REPRESENTATION DTD. 23/04/10 BEFORE THE 1ST RESPONDENT. P8: COPY OF THE RECEIPT ISSUED BY FIRST RESPONDENT. P9: COPY OF THE ORDER DTD. 23/04/2010 IN WP(C) NO.13598/2010. P10: COPY OF THE JUDGMENT DTD. 12/10/09 PASSED IN WPC.NO.27437/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 13942 OF 2010 ------------------------ Dated this the 11th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition is instituted seeking police protection for construction of a mobile transmission tower. Now it is submitted that construction of the tower is over and this writ petition has become infructuous. On that basis, we dispose of this writ petition without issuing any directions. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk