IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 8754 of 2011(T) ---------------------- PETITIONER : --------------- INDUS TOWERS LIMITED, VANKARATH TOWER, 8TH FLOOR, N.H.BYEPASS, PALARIVATTOM, KOCHI-24 REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR M.N., HEAD LEGAL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT-676505. 2. STATION HOUSE OFFICER, KALPAKANCHERRY POLICE STATION, MALAPPURAM-676501. 3. KUNJHEEN, S/O.KUNJARUHAJI, VALIYENDAL, IRINGAVOOR P.O., IRINGAVOOR, MALAPPURAM DISTRICT - 676103. 4. HAMZA, S/O.MUHAMMEDKUTTY HAJI, PATTAKKACHOLA HOUSE, IRINGAVOOR, MALAPPURAM DISTRICT-676103. 5. MUSSAIR, S/O.MUHAMMEDKUTTY, PATTAKKACHOLA HOUSE, IRINGAVOOR, MALAPPURAM DISTRICT-676103. 6. ABOOBACKAR, S/O.YAHOO, ALUMKOOTTATHIL, IRINGAVOOR, MALAPPURAM DISTRICT-676103. 7. YOUSEF, S/O.MAMMUKUTTY, IRINGAVOOR, MALAPPURAM DISTRICT, 676103. 8. CHERIYAMUNDAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, TIRUR TALUK, MALAPPURAM DISTRICT-676101. R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISMA R8 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 8754 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY – I (IP-I). EXT.P1(a) : COPY OF THE CERTIFICATE ISSUED BY GOVT. OF INDIA WITH RESPECT TO THE NAME CHANGE. EXT.P1(b) : COPY OF THE LICENSE ISSUED BY CENTRAL GOVT. TO ONE OF THE SERVICE PROVIDERS. EXT.P2 : COPY OF THE BUILDING PERMIT ISSUED BY 8TH RESPONDENT TO THE PETITIONER DATED 24/9/2010. EXT.P3 : COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DTD 10/2/2011. EXT.P4 : COPY OF THE ACKNOWLEDGMENT TO THE P3 COMPLAINT DATED 10/2/2011. EXT.P5 : COPY OF THE RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 8754 OF 2011 ----------------------------------------------------------- Dated this the 30th May, 2011. JUDGMENT Basant, J. Petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 to enable the petitioner to construct, instal and operate a telecommunication tower as per Ext.P2 permit issued by the 8th respondent. 2. According to the petitioner Ext.P2 regular permit has been issued to the petitioner by the eighth respondent. When the petitioner undertakes such work to construct, instal and operate the tower respondents 3 to 7 are raising untenable and illegal obstructions. Police protection may in these circumstances be granted to the petitioner, it is prayed. 3. Our attention has been drawn to Essar Telecom Infrastructure (P) Ltd. v. C.I of Police {2010 (2) KLT 762} and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011 (2) KHC 171}. Ext.P2 is a regular permit. Respondents 4 to 7 though served have not chosen to enter appearance or raise and substantiate their objections, if any. WPC 8754/2011 2 4. We are in these circumstances satisfied that the petitioner is entitled to an order of police protection as prayed for. Needless to say the order of protection shall be subject to the observations and conditions stipulated in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. 5. In the result; a) This petition is allowed. b) Respondents 1 and 2 are directed to afford police protection to the petitioner against respondents 3 to 7 to construct, instal and operate the telecommunication tower in accordance with Ext.P2 permit issued by the eighth respondent. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 8754/2011 3 5 R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:8754 OF 2011 T ----------------------------------------------------------- Dated this the 28th March, 2011. O R D E R Basant, J. Service is complete. There is no appearance for respondents 3 to 8. Learned Govt. Pleader appears for respondents 1 and 2. 2. We have heard the learned counsel for the petitioner and the respondents. Our attention has been drawn to the directions issued earlier by different Benches under identical circumstances. We are satisfied that interim directions can be issued subject to appropriate safeguards. Accordingly we issue the following interim directions:- i) Respondents 1 and 2 shall grant adequate police protection to the petitioner to proceed with and complete the construction of mobile transmission tower as against any 6 obstruction that may be raised by respondents 3 to 7 for a period of one month from this date on the following terms and conditions:- a) The petitioner must possess valid licences/permits issued by the statutory authorities concerned for the construction of mobile transmission tower including the licence from the Department of Telecommunications. b) No prohibitory order issued by a competent civil court or statutory authority restraining the petitioner from proceeding with the construction of mobile transmission tower is in force. c) The building permit issued by the local authority has not been cancelled or revoked and no stop memo has been issued by the competent authority or is in force. We make it clear that respondents 3 to 7 , if they are so advised, shall be at liberty to challenge the permit granted to the petitioner before the competent superior authorities. d) The petitioner shall not commission the mobile transmission tower without obtaining further orders from this Court. e) The respondents objecting to the construction of the mobile transmission tower shall be free to carry out peaceful 7 demonstration against the construction; but shall not cause any physical obstruction to the construction or commit any act of waste. f) If it is found that the petitioner must acquire permission other than permission under Rule 141 of the Kerala Municipalities Building Rules, the petitioner shall be liable to demolish the tower. g) No equipment including generator shall be put up on the tower without further directions from this Court. 4. Call on 31-3-2011 for final disposal. R.BASANT Judge K. SURENDRA MOHAN Judge jj 8 9 Heard. Admitted. Notice given and the learned Govt. Pleader appears for respondents 1 and 2. Issue notice to respondents 3 to 8. Counsel prays and is accordingly permitted to take out notice to respondents 3 to 8 by special messenger. Verify service and call again on 28-3-2011. R.BASANT Judge K. SURENDRA MOHAN Judge jj 10