IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 14097 of 2010(J) --------------------------------------- PETITIONER(S): ------------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS ASST. MANAGER (LEGAL) MR.RASHY INDRAN. BY ADV. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CITY POLICE COMMISSIONER, OFFICE OF THE CITY POLICE COMMISSIONER, COCHIN, ERNAKULAM. 3. THE ASST. COMMISSIONER OF POLICE, OFFICE OF THE ASST. COMMISSIONER OF POLICE, MATTANCHERRY. 4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PALLURUTHY. 5. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, THOPPUMPADY, KOCHI. WP(C).No. 14097 of 2010(J) 6. THOMAS KAKRANCHERIYIL, MOOLAMKUZHY, MATTANCHERRY P.O., COCHIN. 7. K.H. JOSEPH, SECRETARY, MOOLAMKUZHY RESIDENTS ASSOCIATION, KOLARIKAL HOUSE. *8. BABU (AUTO DRIVER), NEAR LORETTO CHURCH, MOLLAMKUZHY, MATTANCHERRY. *(DELETED) * DELETED AS PER ORDER DATED 15/07/2010 IN I.A.9461/2010 AT THE RISK OF THE PETITIONER. 9. THE CORPORATION OF COCHIN, OFFICE OF THE CORPORATION OF KOCHIN, KOCHIN, REPRESENTED BY ITS SECRETARY. R1 TO R5 BY SR. GOVT. PLEADER MR.M.R. SABU. R9 BY ADV. MR.S. RAMESH BABU, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14097 of 2010(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT DATED 15/02/2010 ISSUED BY THE COCHIN CORPORATION. EXT.P2: COPY OF THE REPRESENTATION DATED 26/02/2010 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 2 TO 5. EXT.P3: COPY OF THE INTERIM ORDER DATED 12/01/2010 IN WP(C) NO. 917/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14097 of 2010-J ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court claiming issue of directions for police protection for the construction, installation and working of a mobile tower as permitted under Ext.P1. It is the case of the petitioner that respondents 6 and 7 are causing illegal obstructions to the construction and working of the mobile tower. Respondents are served. There is no representation for respondents 6 and 7. No counter statement has been filed. 2. Our attention has been drawn to the decisions in 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]. 3. The Corporation of Cochin now raises a contention that the period of validity of Ext.P1 permit is already over. An interim order was issued and it is reported as early as on 31.03.2011 that construction is complete. We are, in these circumstances, satisfied that it is unnecessary for us to go into W.P(C) No.14097 of 2010-J 2 further question whether construction has been completed within the period permitted under Ext.P1. 4. In the result: a) This Writ Petition is allowed; b) Respondents 2 to 5 are directed to afford protection for the petitioner to work the mobile tower constructed on the basis of Ext.P1; c) Needless to say, all conditions stipulated in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171] shall apply. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/