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. 10473 of 2011(H) ------------------------- PETITIONER: --------------- GLOBAL TELECOM LIMITED INFRASTRUCTURE LTD.,DOOR NO.40/9643,PRABHU TOWER,IST FLOOR, OPP.CHENNAI SILKS, M.G.ROAD,NORTH ERNAKULAM, KOCHI 682 035, REP.BY ITS SENIOR EXECUTIVE(LEGAL) MR.JINO ANTONY. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENTS: ---------------------- 1. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, KANNUR CITY POLICE STATION,KANNUR CITY PO, PIN 670 003. 2. MR.K.ISMAYIL,KHARUL HAIRAZ HOUSE, NEERCHAL,NEAR BSNL TELEPHONE EXCHANGE, KANNUR CITY PO, 670 003, KANNUR. 3. SHOHIBA TEACHER,KURUPINTHAVIDE HOUSE, NEERCHAL,NEAR BSNL TELEPHONE EXCHANGE, KANNUR CITY PO, 670 003, KANNUR. 4. KANNUR MUNICIPALITY,KANNUR, REP. BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI. T.K. VIPINDAS R2 BY ADV. SRI. SRI.P.M.HABEEB R4 BY ADVS. SRI.K.K.CHANDRAN PILLAI, SR. ADVOCATE SRI.A.S.SAJUSH PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.10473/2011 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE BUILDING PERMIT DATED 25-01-2011 ISSUED BY THE KANNUR MUNICIPALITY. EXT.P2 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19-03-2011. EXT.P3 : COPY OF THE INTERIM ORDER DATED 03-03-2011 IN W.P (CRL) No.4324/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 10473 of 2011-H ------------------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to the 1st respondent to afford police protection to the petitioner for the construction of a telecommunication tower strictly in accordance with the terms of Ext.P1 permit issued by the 4th respondent against the illegal obstructions that are being raised by respondents 2 and 3. 2. Service is complete. The 2nd respondent has entered appearance. No counter affidavit is filed. The learned counsel for the 2nd respondent submits that the objection of the 2nd respondent is that the installation of the telecommunication tower would cause health hazards to the members of the local community. 3. The 4th respondent has entered appearance. The learned counsel submits the 4th respondent has no objection at all. 4. The learned counsel for the petitioner has drawn our W.P.(C) No. 10473 of 2011 -: 2 :- attention to the precedents in 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). 5. Ext.P1 is a regular permit. No one has challenged the same so far. There is no challenge before us against the validity of Ext.P1 permit. The only objection raised, points out the learned counsel, that the installation of the telecommunication tower would cause health hazards cannot be reckoned as a tenable objection, in the light of the precedents. 6. We have considered all the relevant inputs. We are satisfied that the petitioner is entitled to an order of police protection as prayed for. 7. In the result: (a) This writ petition is allowed. (b) Respondent No.1 is directed to afford police protection to the petitioner for the construction of the telecommunication towner strictly in accordance with Ext.P1 building permit issued by the 4th respondent against obstruction, if any, caused by respondents 2 and 3. W.P.(C) No. 10473 of 2011 -: 3 :- (c) Needless to say that this judgment is issued subject to all observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/