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. 9009 of 2011(A) -------------------------------------- PETITIONER(S): -------------------- 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, KOZHIKODE DISTRICT-673001. 2. STATION HOUSE OFFICER, NALLALAM POLICE STATION, KOZHIKODE-673001. 3. SURENDRAN N., S/O.CHATHANKUTTY, NECHOLI HOUSE, GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE, PIN-673014. 4. SURENDRAN E.K., S/O.SHANKARANKUTTY, MUTHUVATTIRI HOUSE, GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE, PIN-673014. 5. BAIJU C., S/O.SAMIKUTTY, CHAMAVIL HOUSE, GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE, PIN-673014. 6. DEVADAS V., S/O.KUNHIRAMAN NAIR, CECHOLI METHAL HOUSE, VELICHENNAPARAMBATH, GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE, PIN-673014. 7. OLAVANNA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOZHIKODE TALUK, KOZHIKODE DISTRICT-673001. R1 & R2 BY GOVT. PLEADER SRI.T.K.VIPINDAS R3 TO R6 BY ADV. SRI.SUNNY MATHEW R7 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. 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.9009/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY-I (IP-I). P1(a):- COPY OF THE CERTIFICATE ISSUED BY GOVT. OF INDIA WITH RESPECT TO THE NAME CHANGE. P1(b):- COPY OF THE LICENSE ISSUED BY CENTRAL GOVTR. TO ONE OF THE SERVICE PROVIDERS . P2:- COPY OF THE BUILDING PERMIT ISSUED BY 7TH RESPONDENT TO THE PETITIONER DTD. 21.1.2011. P3:- COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DTD. 8.2.2011. P4:- COPY OF THE ACKN OWLEDGMENT TO THE P3 COMPLAINT DTD. 8.2.2011. P5:- COPY OF THE RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE MASS PETITION SUBMITTED BY THE RESIDENTS OF WARD NO.23 OF OLAVANNA GRMA PANCHAYATH BEFORE THE DISTRICT COLLECTOR, KOZHIKODE. TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.9009 OF 2011 ............................................. Dated this the 17th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner to undertake the construction of a mobile tower in accordance with Ext.P2 permit issued by the 7th respondent against illegal obstructions that are being raised by respondents 3 to 6. 2. Service is complete. Respondents 3 to 6 have entered appearance through counsel. Respondent No.7 has also entered appearance. The learned Government Pleader appears for respondents 1 and 2. 3. Respondents 3 to 6 have appeared through counsel. They submit that they are not causing any obstruction to the construction by the petitioner. According to them, they are only peacefully demonstrating against the installation of W.P.(C).NO.9009 OF 2011 : 2 : mobile tower in that locality. It is not necessary to issue any direction under Article 226. Respondents 3 to 6 shall not cause any obstruction, submits the learned counsel for respondents 3 to 6. The learned counsel for the 7th respondent confirms that Ext.P2 permit was issued by the panchayat and that there is no challenge against the said regular permit issued. 4. The learned counsel for the petitioner has drawn our attention to Essar Telecom Infrastructure (P) Ltd. v. C.I. of Police (2010 (2) KLT 782) and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). We are satisfied in these circumstances that police protection can be ordered in favour of the petitioner. 5. In the result: a. This petition is allowed. b. Respondents 1 and 2 are directed to afford police protection to the petitioner to undertake the construction of mobile tower in accordance with Ext.P2 permit issued by the 7th respondent against any obstruction raised by respondents 3 to 6. c. Needless to say, the direction hereby issued shall be subject to all observations and conditions in Essar W.P.(C).NO.9009 OF 2011 : 3 : Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171) Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. cl /true copy/ P.S. to Judge.