IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 13164 of 2011(U) ------------- ------------------------- PETITIONER(S) : --------------------- 1. INDUS TOWERS LTD., CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTO, KOCHI -24, REPRESENTED BY ITS HEAD - LEGAL, PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O. MATHEW, PALATHARA HOUSE, THURUTHY.P.O, CHANGANACHERRY, KOTTAYAM DISTRICT, PARTNER PALATHARA CONSTRUCTIONS, CHANGANASSERY. BY ADV. SRI. V. PHILIP MATHEW RESPONDENT(S) : ------------------------ 1. THE SUPERITNENDENT OF POLICE, RURAL, KOZHIKODE - 673 019. 2. THE C.I OF POLICE, BALUSSERY, KOZHIKODE DISTRICT. 3. SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT. 4. PANANGADI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOYILANDY, KOZHIKODE. 5. PANKAJAM, CHERIYALA HOUSE, PANANGAD.P.O, KOYILANDY, KOZHIKODE DISTRICT. 6. ANEESH, S/O. GOVINDAN, VALIYAMALAKUZHIYIL HOUSE, PARAMUKKU, PANANGAD.P.O, BALUSSERY. NS 2/- - 2 - W.P.C. NO. 13164/2011 7. BABU, VALIYAMALAKUZHIYIL HOUSE, PARAMUKKU, PANANGAD.P.O, BALUSSERY. 8. SUPPY, S/O. KOYA, VALIAYAMALAKUZHIYIL HOUSE, PARAMUKKU, PANANGAD P.O., BALUSSERY. 9. BABU, NADAKKALAVYIL HOUSE, PARAMUKKU, PANANGADO.P.O, BALUSSERY. 10. BABU, S/O. GOVINDAN, NADAKKALAVYIL HOUSE, PARAMUKKU, PANANGADO.P.O, BALUSSERY. 11. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 12. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI - 110 001. R1 TO R3 & R11 BY GOVT. PLEADER SRI. M.K. ABOOBAKER R4 BY ADVS. SRI. R.SUDHISH SRI. M.MANJU SRI. K.R.RANJITH R6 TO R10 BY ADV. SMT. M.SINDHU THANKAM R12 BY ADV. SRI. P.PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C. NO. 13164/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES , NATIONAL CAPITAL TERITORY OF DELHI AND HARYANA. EXT.P2 : COPY OF THE CERTFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P3 : COPY OF THE REGISTRATION CERTIFICATE NO. 177/2008 DATED 10.01.2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXT.P4 : COPY OF FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTPY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P4(a) : TYPED COPY OF THE EXHIBIT. EXT.P5 : COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT , DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P6 : COPY OF BUILDING PERMIT NO.B4 719/10-11 DATED 29.12.2010 ISSUED BY THE 4TH RESPONDENT. EXT.P7 : COPY OF THE RESPRESENTATION DATED 03.05.2011 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8 : COPY OF THE POSTAL RECEIPTS. RESPONDENT'S EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.13164 of 2011 -------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioners in this writ petition filed under Article 226 seek police protection for construction of a mobile telecommunication tower, removing obstructions which are placed by respondents 6 to 10. According to the petitioners they are having all requisite permits and licence for construction of the mobile tower. The party respondents have no right to obstruct. The party respondents filed a counter affidavit. Through paragraph 3 of the above counter affidavit it is contended that the survey number of the property where the tower is being constructed is not mentioned in Ext.P6. In view of that contention the petitioners have got the permit amended and a copy of the amended permit is placed on record as Ext.P9. On going through the other contentions, we are of the view that those contentions are all unsustainable in view of the judgment of the Full Bench of this Court in ESSAR Telecom Infrastructure Pvt. Ltd. V. C.I of Police (2010(2) KHC W.P(C) No.13164 of 2011 2 445) . So along as the petitioners are issued with a valid permit and they have all the statutory license as required for the construction of the mobile tower, the party respondents are not entitled to obstruct. In fact the party respondents have contended that they are not obstructing and that the allegations against them placed in that regard are untrue. In these circumstances we do not find any ground as to why the relief should not be granted to the petitioners. We allow the writ petition and direct respondents 1 to 3 to remove the physical obstructions if any placed by the party respondents 6 to 10 in the matter of construction of the mobile tower by the petitioners as stated in the writ petition. If obstructions are reported it shall be the obligation of respondents 2 and 3 to take prompt action. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K.HARILAL JUDGE //True Copy// ab P.A to Judge