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. 32790 of 2010(W) --------------------------------------- PETITIONER: ------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS MANAGER (LEGAL), MR.PRAMOD JAIJI. BY ADVS. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA, ALAPPUZHA DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, MARARIKULAM CIRCLE OFFICE, ALAPPUZHA DISTRICT. 4. THE SUB INSPECTOR OF POLICE, MUHAMMA POLICE STATION, ALAPPUZHA DISTRICT. 5. KANAKAPPAN, AGED 42, MULLASSERIL HOUSE, CHARAMANGALAM, MUHAMMA P.O., PIN-688 525, ALAPPUZHA DISTRICT. 6. JAYAN, AGED 45, MULLASSERIL HOUSE, CHARAMANGALAM, MUHAMMA P.O., PIN-688 525, ALAPPUZHA DISTRICT. W.P.(C). NO.32790/2010-W: 7. VINODAN, AGED 48, MULLASSERIL HOUSE, CHARAMANGALAM, MUHAMMA P.O., PIN-688 525, ALAPPUZHA DISTRICT. 8. DHANESHAN, AGED 42, MULLASSERIL VELI, CHARAMANGALAM, MUHAMMA P.O., PIN-688 525, ALAPPUZHA DISTRICT. 9. ANIJITH, AGED 22, MULLASSERIL VELI, CHARAMANGALAM, MUHAMMA P.O., PIN-688 525, ALAPPUZHA DISTRICT. 10. BIJU KUMAR, AGED 38, GOKULAM, CHARAMANGALAM, MUHAMMA P.O., PIN-688 525, ALAPPUZHA DISTRICT. 11. RADHAKRISHNAN, AGED 36, CHAKKARA VELI, VARANOM P.O., CHERTHALA, PIN-688 555, ALAPPUZHA DISTRICT. 12. DIVAKARAN, AGED 66, CHAKKARA VELI, VARANOM P.O., CHERTHALA, PIN-688 555, ALAPPUZHA DISTRICT. 13. MUHAMMA GRAMA PANCHAYATH, MUHAMMA P.O., PIN-688 525, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SR. GOVT. PLEADER SRI. M.R. SABU, R5 TO R8 & R10 TO R12 BY ADV. SRI.P.V.JAYACHANDRAN, R13 BY ADV. SRI.J.OM PRAKASH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32790/2010-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT DTD. 30/09/2010 ISSUED BY THE MUHAMMA GRAMA PANCHAYAT. EXT.P.2: COPY OF THE REPRESENTATION DTD. 18/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 1 TO 4. EXT.P.3: COPY OF THE INTERIM ORDER DTD. 13/08/2010 IN W.P.(C).NO.24045/2010 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 32790 OF 2010 W ----------------------------------------------------------- Dated this the 27th May, 2011. JUDGMENT Basant, J. Petitioner has come to this Court seeking issue of directions under Art.226 to respondents 1 to 4 police officials to afford police protection to the petitioner for undertaking the work of construction, installation and working of a mobile transmission tower as permitted in Ext.P1 permit issued by the 13th respondent – panchayat. 2. All respondents have been served. There is no representation for respondents 5 to 12 when the matter came up for hearing today. No counter affidavit has been filed by respondents 5 to 12. For the 13th respondent counsel appears and submits that Ext.P1 permit is valid and the same has been issued in pursuance of a direction issued by the Tribunal for Local Self Government Institutions. 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 WPC 32790/2010 2 Kerala {2011(2) KHC 171. Having considered all relevant circumstances, we are satisfied that the petitioner is entitled for an order of police protection subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. 4. In the result; a) This petition is allowed. b) Respondents 1 to 4 are directed to afford police protection for the petitioner to undertake the work of construction, installation and working of a mobile tower as permitted under Ext.P1 against any obstruction that may be raised by respondents 5 to 12. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 32790/2010 3