IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 31000 of 2010(Y) ------------------------------------- PETITIONER(S): ---------------------- 1. BHARTI TELEVENTURES LIMITED(BHARTI CELLULAR LIMITED),REP.BY INDUS TOWERS LTD., 8TH FLOOR,VANKARATH TOWERS,NH BYPASS,PALARIVATTOM, KOCHI-24,REP. BY ITS DEPUTY GENERAL MANAGER MR.PREMAKRISHNAN NAIR M.N. 2. INDUS TOWERS LIMITED(INFRASTRUCTURE SERVICE PROVIDER OF BHARTI AIRTEL LIMITED, VODAFONE ESSAR CELLUR LIMITED AND IDEA CELLULAR LTD.),8TH FLOOR,VANKARATH TOWERS,NH BYPASS, PALARIVATTOM,KOCHI-24,REP. BY ITS DEPUTY GENERAL MANAGER MR.PREMAKRISHNAN NAIR M.N. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------ 1. STATION HOUSE OFFICER, MULANTHURUTHY POLICE STATION, ERNAKULAM RURAL, PIN-682314. 2. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM. 3. THE SUPERINTENDENT OF POLICE, ALUVA (RURAL SP), ERNAKULAM. 4. P.M.ALI, S/O.MOOSA, RESIDING AT KALAYILPARAMBIL HOUSE, KULAYITTIKARA P.O., ARAYANKAVU, ERNAKULAM DISTRICT-682313. R1 TO R3 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA R4 BY ADV. SRI.PAUL MATHEW (PERUMPILLIL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31000 OF 2010: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY RELEVANT EXTRACT OF THE LICENSE ISSUED TO THE IST PETITIONER. EXT.P2.TRUE COPY OF THE IP LICENSE ISSUED BY CENTRAL GOVT. TO THE 2ND PETITIONER. EXT.P3.TRUE COPY OF RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. EXT.P4.TRUE COPY OF THE BUILDING PERMIT DATED 11.3.2008 ISSUED BY THE LOCAL AUTHORITY. EXT.P5.TRUE COPY OF THE NOTICE DATED 15.9.2010 ISSUED BY THE 2ND PETITIONER. EXT.P6.TRUE COPY OF THE COMPLAINT DATED 28.9.2010 LODGED BEFORE THE IST RESPONDENT. EXT.P6A.TRUE COPY OF THE ACKNOWLEDGEMENT TO THE EXHIBIT P6 COMPLAINT. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.31000 of 2010-Y ---------------------------------------------- Dated, this the 14th day of October, 2010 J U D G M E N T K.M.Joseph, J. The prayer in the writ petition is as follows: “to issue a writ of mandamus or such other writ or direction directing respondents 1, 2 and 3 to extend adequate protection to petitioners and its men or agents to transport/remove and deal with the Telegraph and other allied equipments installed by the petitioners in the property of 4th respondent in Sy.No.189 of Keecheri Village, Kanayannoor Taluk and Ernakulam District.” 2. We heard the learned counsel for the petitioners, learned counsel for the 4th respondent and also the learned Government Pleader. 3. Learned counsel for the 4th respondent submits that some damage has been suffered and the 4th respondent has not obstructed and he intends to file a civil suit wherein he may apply for commission also. In the said circumstances, the writ petition is disposed of as follows: WPC No.31000/2010 -2- If there is any obstruction by the 4th respondent and his men to the removal and transporting of Telegraph and other allied equipments installed by the petitioners in the property of the 4th respondent in Sy.No.189 of Keecheri village, Kanayannoor Taluk and Ernakulam District , there will be a direction to respondents 1 and 2 to give adequate protection for the removal of and transporting of Telegraph and other allied equipments to the petitioners and their men. This order will come into force only on and from 21.10.2010. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS