IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 35561 of 2010(U) ---------------------------------- PETITIONER(S): ------------------- 1. SHAJI MATHEW, MANAGING PARTNER, PALATHRA CONSTRUCTIONS, S.PURAM P.O., KOTTAYAM. 2. MANOJ MATHEW, PARTNER, PALATHRA CONSTRUCTIONS, S.PURAM P.O., KOTTAYAM. BY ADVS. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.SEBASTIAN THOMAS RESPONDENT(S): --------------------- 1. RAJAN, GRUJYOTHI HOUSE, MEENADU P.O, NEDUMGOLAM, KOLLAM DISTRICT-691 334. 2. APPUKUTTAN PILLAI, SREEHARI HOUSE, MEENADU P.O., NEDUMGOLAM, KOLLAM DISTRICT-691 334. 3. SUGUNAN, VADAKAZIUM HOUSE, MEENADU P.O., NEDUMGOLAM, KOLLAM DISTRICT-691 334. 4. DEVARAJAN, PALAKADAVU HOUSE, MEENADU P.O., NEDUMGOLAM, KOLLAM DISTRICT-691 334. svs ...........2/-... ...2... WPC.NO.35561/2010 5. SHOBA, BAGYA HOTEL, MEENADU P.O., NEDUMGOLAM, KOLLAM DISTRICT-691 334. 6. PRAJEESH, KUZHAKKATAZIUM HOUSE, MEENADU P.O., NEDUMGOLAM, KOLLAM DISTRICT-691 334. 7. THE SUB INSPECTOR OF POLIC, PARAVOOR POLICE STATION, KOLLAM DISTRICT-691 301. 8. SUPERINTENDENT OF POLICE, KOLLAM DISTRICT-691 001. 9. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1-5 BY ADV. SRI.GEORGE SEBASTIAN R7 TO R9 BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 35561/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEASE ORDER DATED 14/10/2010 ISSUED TO THE PETITIONER'S PARTNERSHIP FIRM. P2: COPY OF THE BUILDING PERMIT DATED 30/09/2010 ISSUED BY THE CHIRAKARA GRAMA PANCHAYAT. P3: COPY OF THE COMPLAINT DATED 09/11/2010 FILED BY THE 2ND PETITIONER BEFORE THE 7TH RESPONDENT. P4: COPY OF THE RECEIPT DATED 09/11/2010 ISSUED BY THE 7TH RESPONDENT EVIDENCING THE ACCEPTANCE OF THE COMPLAINT. P5: COPY OF THE INTERIM ORDER DATED 28/08/2009 PASSED BY THIS HONOURABLE COURT IN WPOC. NO.25003/2009. P6: COPY OF THE ORDER DATED 03/01/2011 PASSED BY THE SECRETARY OF CHIRAKKARA GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS: R5(a):PHOTOGRAPH OF THE PROPOSED SITE FOR CONSTRUCTION OF TELECOMMUNICATION TOWER. R5(b):COPY OF THE JUDGMENT DATED 16/11/2010 IN WPC.NO.34467/2010 /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.35561 of 2010-U ***************************** Dated this the 3rd day of June, 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 7 to 9 to afford police protection to the petitioners for the work of construction, installation and operation of a telecommunication tower in accordance with Ext.P2 building permit issued by the Chirakkara Grama Panchayat. 2. Respondents have been served. Respondents 1 to 5 have entered appearance through a counsel. Objection is raised only on the ground that installation and operation of the mobile tower would cause health hazards to the members of the local community. 3. Ext.P2 is a regular permit issued by the panchayat. The same is not challenged by anyone. Our attention has been drawn to the precedents 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]. W.P(C) No.35561 of 2010-U 2 4. We are satisfied that the prayer can be allowed in the light of the precedents referred above. 5. In the result: a) This Writ Petition is allowed; b) Respondents 7 and 8 are directed to afford protection to the petitioners to undertake the work of construction, installation and operation of a mobile tower in accordance with Ext.P2 permit against any illegal objection that may be raised by respondents 1 to 5; c) Needless to say, this order for police protection is subject to the conditions and observations in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/