IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 824 of 2010(C) ------------------------ PETITIONER(S): --------------- 1. INDUS TOWERS LTD.,CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH 47,PALARIVATTOM, KOCHI-24,REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O.MATHEW, PALATHARA HOUSE, THURUTHY .P.O,CHANGANASSERY, KOTTAYAM DISTRICT,(PARTNER,PALATHARA CONSTRUCTIONS CHANGANACHERRY). THE NAME OF THE 2ND PETITIONER IS CORRECTED AS "MANOJ MATHEW" INSTEAD OF " SHIBU MATHEW" VIDE ORDER DATED 19/3/2010 IN I.A. NO.4098/2010) BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. C.I.OF POLICE, PATTAMBI, PALAKKAD. 2. SUPERINTENDENT OF POLICE, PALAKKAD. 3. MUTHUTHALA GRAMA PANCHAYAT, MUTHUTHALA PALAKKAD,REPRESENTED BY ITS SECRETARY. 4. SAINUDEEN, ARAKKAL HOUSE, KODUMUNDA P.O, MUTHUTHALA VILLAGE, PALAKKAD DISTRICT. 5. HAMSA, S/O.KUNJIKHADER, MULLASSERIL HOUSE, KODUMUNDA P.O, MUTHUTHALA VILLAGE, PALAKKAD DISTRICT. 6. GOPALAKRISHNAN, MANAKKAL THODIYIL, KODUMUNDA P.O, MUTHUTHALA VILLAGE, PALAKKAD DISTRICT. 7. P.MOHANAN,THEYADIKKAL HOUSE, KODUMUNDA.P.O, MUTHUTHALA VILLAGE, PALAKKAD DISTRICT. 8. M.MUHAMMED, S/O.KUNHIKHADER, MULLASSERIL HOUSE, KODUMUNDA P.O, MUTHUTHALA VILLAGE,PALAKKAD DISTRICT. 9. JAFFAR, S/O.M.MUHAMMED, MULLASSERIL HOUSE, KODUMUNDA.P.O, MUTHUTHALA VILLAGE, PALAKKAD DISTRICT. 10. SAYEDTHALAVI,PATTANMAR THODIYIL, KODUMUNDA.P.O, MUTHUTHALA VILLAGE, PALAKKAD DISTRICT. R11. RADHA, D/O. KUNHIKUTTY AMMA, RESIDING AT PALLIPPURATH HOUSE, KODUMUNA DESOM, PERUMUDIYOOR AMSOM, OTTAPALAM TALUK. (ADDL.R11 IS IMPLEADED VIDE ORDER ATED 8/3/2010 IN I.A. NO.2609/2010) ADV. SRI.R.SREEHARI FOR R4,5,7,9-10 SRI.S.P.ARAVINDAKSHAN PILLAY FOR R3 SMT.N.SANTHA FOR R3 SRI.S.A.ANAND FOR R3 SRI.T.SETHUMADHAVAN FOR R11 SRI.PUSHPARAJAN KODOTH FOR R11 SRI.K.JAYESH MOHANKUMAR FOR R11 SMT.VANDANA MENON FOR R11 SMT.ANJU P.NAIR FOR R11 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. ------------------------ W.P.(C).No. 824 OF 2010 ------------------------ Dated this the 31st day of August, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition seeking protection for construction of mobile transmission tower, this court passed an interim order on 11/1/2010 in the following terms; "Admit. Urgent notice. If the petitioners are possessed of valid licence from the statutory authorities concerned for the construction of mobile Base Transeiver Station including licence from the Department of Tele Communication and in the absence of any prohibitory orders issued by a court of law or from any statutory authority, if any obstruction is caused to the construction work by anybody including party respondents, petitioners would be granted necessary protection to remove such obstruction. This will not stand in the way of any peaceful demonstration by the respondents. However, the construction of the above tower will not enable the petitioners to commission it without obtaining permission from this court." WPC NO.824/2010 .2. 2. Sri.V.Philip Mathews learned counsel for the petitioners submitted that the above interim order be confirmed and the petitioner be permitted to energise the tower. But, we find that there is no prayer in the writ petition for protecting the energisation of the tower. We, therefore, confirm the interim order dated 11/1/2010 and dispose of this writ petition accordingly. We make it clear that permission granted for construction of the tower will not cause any prejudice to the additional 11 th respondent in the suit O.S. No.24/2010 which is pending before the Munsiff Court, Pattambi. We make it clear that if the commissioning of the tower is not otherwise objectionable, it will be open to the petitioners to commission the tower. PIUS C.KURIAKOSE,JUDGE P.BHAVADASAN,JUDGE. dpk