IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 24712 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------- POSIDON INFRASTRUCTURE PVT.LTD,HAVING R/O.AT GOKUL BUILDING,VISHRAMBHAG,SANGLI, MAHARASHTRA-416415,BRANCH OFFICE AT MIG I51, SRISAILAM,GANDHI NAGAR,ERNAKULAM-682 020,REP;BY VINOD NAIR,S/O.VASUDEVAN NAIR,MIG 151,SRISAILAM, GANDHI NAGAR,ERNAKULAM-682 020. BY ADV. SRI.KRISHNA PRASAD. S SRI.P.A.JACOB RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE,VATAKARA POLICE STATION,KOZHIKODE DISTRICT, PIN-673 101. 2. THE SUPERINTENDENT OF POLICE,OFFICE OF THE SUPERINTENDENT OF POLICE,KOZHIKODE RURAL, KOZHIKODE DISTRICT,PIN-673 001. 3. VILLIAPPALLY GRAMA PANCHAYATH REP;BY ITS SECRETARY,VILLIAPPALLY GRAMA PANCHAYATH OFFICE VATAKARA,KOZHIKODE DISTRICT,PIN-673 542. 4. MADHU,S/O.BALAN,CHALUPARAMBU HOUSE, KOOTTANGARAM,MAYYANNUR.P.O,KOZHIKODE DISTRICT, PIN-673 107. R1 & R2 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R3 BY ADV.SRI.SHOBY K. FRANCIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24712/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PURCHASE ORDER DATED 15/09/09 ISSUED BY 'INDUS TOWER LIMITED'. P2 COPY OF THE BUILDING PERMIT NO.BP.263/09-10 DATED 9/11/09 ISSUED BY THE SECRETARY, VILLIAPPALLY GRAMA PANCHAYATH . P3 COPY OF THE COMPLAINT LODGED TO THE 1ST RESPONDENT DATED 3/6/2010. P4 COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE 1ST RESPONDENT DATED 3/6/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & M.C.HARI RANI, JJ. ************************************* W.P(C) No.24712 of 2010(L) ***************************** Dated this the 27th day of June, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of direction under Article 226 of Constitution of India to respondent Nos.1 and 2, police officials, to afford protection to the petitioner to enable him to construct a telecommunication tower in accordance with Ext.P2 building permit, issued by the third respondent, against illegal obstruction that is raised by the fourth respondent. 2. According to the petitioner, Ext.P2 is a regular building permit, which was issued on 09/11/2009 and was valid up to 8/11/2010. The third respondent has issued the building permit and there is no challenge against Ext.P2 building permit by anyone. The fourth respondent is not entitled to raise any objections against the construction of the telecommunication tower in accordance with Ext.P2. But, he is causing illegal obstruction. It is hence that, the W.P(C) No.24712 of 2010 (L) -:2:- petitioner has come to this Court seeking directions under Article 226 of the Constitution of India. 3. Respondents have been served. Service is complete. There is no appearance for respondents 3 and 4. 4. Learned counsel for the petitioner draws our attention to the decisions in Essar Telecom Infrastructure (P) Ltd., v. C.I. of Police [2010 (2) KLT 762 (FB)] and Essar Telecom Infrastructure (P) Ltd., v. State of Kerala (2011 (2) KHC 171) 5. We are satisfied that the petitioner is entitled for an order of police protection. We do, however, note that the period of Ext.P2 has already expired on 8/11/2010. Petitioner shall be entitled to claim police protection if only Ext.P2 permit has now been revalidated and its period of validity has been extended. 6. 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 a W.P(C) No.24712 of 2010 (L) -:3:- telecommunication tower in accordance with Ext.P2 regular permit issued by the third respondent. c) We do however clarify that the petitioner can claim police protection only if he satisfies respondents 1 and 2 that Ext.P2 permit has been revalidated and it is current in force now. d) Needless to say that the police protection hereby granted, shall be subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd., v. State of Kerala (2011 (2) KHC 171). R.BASANT, JUDGE M.C.HARI RANI, JUDGE //TRUE COPY// P.A TO JUDGE krj