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. 19189 of 2010(W) ---------------------------------------- PETITIONER(S): ----------------------- M/S. ESSAR TELECOM INFRASTRUCTURE (P) LTD., 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN-682 017, REPRESENTED BY DEPUTY MANAGER (LEGAL AND SITE ACQUISITION), MR.BABU PATTATHANAM. BY ADVS. 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 DEPUTY SUPERINTENDENT OF POLICE, DY.S.P.OFFICE, THALIPPARAMBA, KANNUR DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, PAYYANNUR P.O., KANNUR DISTRICT. 4. THE SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, PAYYANNUR P.O., KANNUR DISTRICT. 5. MR.RAMACHANDRAN V.P., VSCHAL PADENIL HOUSE, KARANTHADU P.O., VIA - RAMANTHALI, KANNUR DISTRICT. 6. RAMANTHALI GRAMA PANCHAYAT, RAMANTHALI P.O., KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU R6 BY ADV. SRI.O.V.MANIPRASAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.19189/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.201/08-09 DATED 24/2/2009 ISSUED BY 6TH RESPONDENT. P2 COPY OF THE RECEIPT DATED 24/2/2009 ISSUED BY 6TH RESPONDENT. P3 COPY OF THE ORDER NO.A2-130/09 DATED 18/3/2010 ISSUED TO THE PETITIONER. P4 COPY OF THE STAY ORDER IN I.A.NO.517/2010 IN APPELAL NO.382/2010 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. P5 COPY OF THE ORDER IN APPEAL NO.382/2010 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. P6 COPY OF THE REPRESENTATION DATED 2/2/2010 GIVEN TO THE SECOND, THIRD AND FOURTH RESPONDENTS BY THE PETITIONER AND RECEIPTS DATED 10/2/2010 ISSUED BY THE RESPONDENTS. P7 COPY OF THE ORDER OF THE D.G.P DATED 01/02/2008 ISSUED TO THE PETITIONER. P8 COPY OF THE INTERIM ORDER DATED 30/4/2010 IN WP(C) NO.14094/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:19189 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 2 to 4 – all police officials under the first respondent State to afford protection for the petitioner for the construction, installation and working of telecommunication tower as permitted under Ext.P1 permit issued by the sixth respondent. According to the petitioner the fifth respondent is raising illegal objection/obstruction to the construction of the telecommunication tower in accordance with Ext.P1 permit. 2. Respondents have been served. There is no appearance for the party respondent i.e fifth respondent. Sixth respondent has not disputed the validity of Ext.P1 permit. 3. 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}. We are satisfied that WPC 19189/2010 2 permission can be granted to the petitioner subject to the observations/conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. 3. In the result; a) This petition is allowed. b) Respondents 2 to 4 are directed to afford police protection to undertake the work of construction, installation and operation of mobile tower in accordance with Ext.P1 permit issued by the sixth respondent. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 19189/2010 3