IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 29007 of 2010(A) --------------------------------------- PETITIONER(S): ------------------------ SHIBU MATHEW, S/O.MATHEW, PALATHARA HOUSE, THURUTHY P.O., CHANGANASSERY, KOTTAYAM DISTRICT, (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANCHERRY). BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): -------------------------- 1. THE S.I. OF POLICE, MUVATTUPUZHA. 2. THE C.I. OF POLICE, MUVATTUPUZHA. 3. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. 4. THE SUPERINTENDENT OF POLICE, ERNAKULAM. 5. MUVATTUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT, REP. BY ITS SECRETARY, PIN-686 661. 6. THRESIYAMMA, VELOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661. 7. MAHIN, S/O.MAYDEEN, CHITTAYAM HOUSE, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661. 8. MUNTHANY, S/O.MAYDEEN, CHITTAYAM HOUSE, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661. sts 2/- WP(C)NO.29007/2010 -2- 9. ASSI, S/O.ALI, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661. 10. KUNJI CHERUVA, THENALI HOUSE, KOCHANGADI, PUTHENPURA MARKET P.O., PIN-686 661. MUVATTUPUZHA, ERNAKULAM DISTRICT. 11. HAJARA, VALIYA ALUNKAL HOUSE, KOCHANGADI, PUTHENPURA MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. PIN-686 661. 12. NABEESA ALI, KALAPURAYIL HOUSE, KOCHANGADI, PUTHENPURA MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. PIN-686 661. 13. KUNJASAYI, KOCHANGADI, PUTHENPURA MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. PIN-686 661. 14. AYHA YOSUF, PAKKERAN HOUSE, KOCHANGADI, PUTHENPURA MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. PIN-686 661. 15. YUNUS, VALIYA ALUNKAL HOUSE, KOCHANGADI, PUTHENPURA MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. PIN-686 661. 16. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REP. BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 17. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 18. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1 TO R4, R17 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R5 BY ADV. SRI.V.M.KURIAN R18 BY ADV. SHRI.P.FAZIL, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.29007/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.BA.342/09-10 DATED 04/01/2010 ISSUED BY THE 5TH RESPONDENT MUNICIPALITY. P2 COPY OF THE RELEASE ORDER. P3 COPY OF THE REPRESENTATION DATED 17/09/2010 SUBMITTED BEFORE FIRST RESPONDENT. P4 COPY OF THE RECEIPT DATED 17/09/2010 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. P5 COPY OF THE REPRESENTATION DATED 17/09/2010 SUBMITTED BEFORE 2ND RESPONDENT. P6 COPY OF THE RECEIPT DATED 17/09/2010 ISSUED FROM THE OFFICE OF 2ND RESPONDENT. P7 COPY OF THE REPRESENTATION DATED 17/09/2010 SUBMITTED BEFORE 3RD RESPONDENT. P8 COPY OF THE RECEIPT DATED 17/09/2010 ISSUED FROM THE OFFICE OF 3RD RESPONDENT. P9 COPY OF THE LETTER NO.T8/89000/06 DATED 30/10/2006 ISSUED BY THE DIRECTOR GENERAL OF POLICE, KERALA. P10 COPY OF THE REPORT SUBMITTED BY THE TECHNICAL COMMITTEE. P11 COPY OF THE LETTER DATED 11/09/06 ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM TO KUDAPPANAKUNNU GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.29007 of 2010 ------------------------------------------- Dated this the 17th June, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 to 4 to afford police protection to the petitioner to enable him to undertake the construction of a mobile tower in accordance with Ext.P1 regular permit issued to him by the fifth respondent Municipality against the illegal obstructions that are being raised by respondents 7 to 15. 2. According to the petitioner, the Municipality has issued Ext.P1 regular permit to him. That permit has not been challenged by anyone. Respondents 7 to 15 do not in these circumstances have any right to raise any obstruction against the construction of the tower. Though respondents 7 to 15 are served, there is no appearance for those respondents. No other respondents raised any objection against the grant of the prayer in this writ petition. 3. The learned counsel for the petitioner has drawn our WPC No.29007/2010 2 attention to Essar Telecom Infrastructure (P) Ltd., v C.I. of Police [2010(2) KLT 762) (FB)] and Essar Telecom Infrastructure (P) Ltd. v State of Kerala (2011(2) KHC 171). We are satisfied in these circumstances of the case that the petitioner is entitled to an order of police protection. 4. In the result, a) This writ petition is allowed. b) Respondents 1 to 4 are directed to afford adequate and sufficient police protection to the petitioner to undertake the construction of a mobile tower strictly in accordance with the terms of Ext.P1 permit issued by the 5th respondent against any obstruction/objections that may be raised by respondents 7 to 15. c) Needless to say that the order of protection granted shall be subject to all the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v State of Kerala (supra). sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE