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. 30891 of 2010(J) --------------------------------------- PETITIONER(S): ------------------------ M/S.ASIAN CONSTRUCTIONS, MOONLIGHT BUILDING, AREACODE P.O., REPRESENTED BY ITS PROPRIETOR, MAHABOOB.C. BY ADV. SRI.P.R.AJITHKUMAR SRI.K.MANOJ CHANDRAN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN - 676 505. 2. THE SUB INSPECTOR OF POLICE, TENHIPALAM POLICE STATION, TENHIPALAM - 673 636. * 3. DIVAKARAN, S/O.KARUPPAN, VELLANGADU HOUSE, MADILANCHERRY, CHENAKKLANGADI P.O., MALAPPURAM DISTRICT - 673 636. (DELETED) * DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 29/10/2010 IN I.A.NO.15140/2010 4. DILEEP, S/O.APPU, MANGATHEYOLE HOUSE, AKKARAMANNIL, CHENAKKLANGADI P.O., MALAPPURAM DISTRICT - 673 636. 5. HAMSAKUTTY, S/O.RAYINKUTTY, CHERTHIYODATHU HOUSE, CHENAKKLANGADI P.O., MALAPPURAM DISTRICT - 673 636. 6. P.P.ANWAR, S/O.P.P.ABOOBACKER, SRAMBAYAVALAPPIL (H), (KOLATHUR), CHENAKKALANGADI P.O.,PIN-673 636 R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU R4 & R6 BY ADV. SRI.K.P.SUDHEER SMT.M.SINDHU THANKAM 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.30891/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.89/10-11 DATED 08/07/2010 P2 COPY OF THE LEASE AGREEMENT DATED 21/06/2010. P3 COPY OF THE PURCHASE ORDERS DATED 30/07/2010. P4 COPY OF THE COMPLAINT DATED 18/09/2010. P5 COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 18/09/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.30891 of 2010-J ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 against 4 to 6, who allegedly cause illegal obstructions and objection to the undertaking of the work of construction of a mobile tower and working of the same as permitted under Ext.P1. 2. Service is complete. Respondents 4 to 6 have been served. Counter affidavits have been filed by respondents 4 and 6. The only contention raised by the 4th and 6th respondents is that establishment and working of a mobile tower in accordance with Ext.P1 would cause health hazards to the members of the public in the locality. 3. Our attention has been drawn to the decision 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 subject to W.P(C) No.30891 of 2010-J 2 the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171], police protection can be granted to the petitioners. 4. In the result: a) This Writ Petition is allowed; b) Respondents 1 and 2 are directed to afford protection for the petitioners to undertake the work of construction and to work mobile tower in accordance with Ext.P1 permit. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/