IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19139 of 2010(N) -------------------------------- PETITIONER(S): ----------------- WIRELESS-TT INFO SERVICES LIMITED, REGISTERED OFFICE AT 5TH FLOOR, GOWRA TRINITY, CHIRAN FORT LANE, BEGUMPET, SECUNDERABAD-500 003 AND CIRCLE OFFICE AT J & CO CHAMBERS, MANIMALA ROAD, EDAPALLY, COCHIN- 24,THROUGH ITS AUTHORIZED SIGNATORY MR.SUDEVAN.V.D BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): ------------------- 1. THE SI OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM DT., PIN-682 041. 2. PRASAD, NEAR DHAKSHINAMOORTHY TILE GODOWN, DHANYA LANE, MANIMALA ROAD, PONEKKARA, ERNAKULAM DT., PIN-682 041. 3. SRI.ANIYAN @ MADHAVANKUTTY, S/O.NARAYANA MENON, AGED 38 YEARS, NEDUMPALLY PUTHENVEETTIL HOUSE, PONEKARA P.O., EDAPALLY, KOCHI-682 041. 4. THE SECRETARY, EDAPALLY ZONAL CORPORATION OFFICE, EDAPALLY, COCHIN, PIN-682 041. ADV. SRI.K.MOHANAKANNAN FOR R2 SMT.A.R.PRAVITHA FOR R2 SMT.D.S.THUSHARA FOR R2 GOVT. PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011, ALONG WITH WPC NO.26515 OF 2010 & WPC NO.1483 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19139 of 2010(N) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE AGREEMENT DT.11/03/10. EXT.P2:- TRUE COPY OF THE ACKNOWLEDGE OF APPLICATION FOR PERMIT DT.18/02/10. EXT.P3:- TRUE COPY OF THE LETTER DT.07/06/10. EXT.P4:- TRUE COPY OF THE JUDGMENT IN W.P. NO.15605/08 DT.04/07/08 OF THIS HON. COURT. EXT.P5:- TRUE COPY OF THE CIRCULAR ISSUED BY GOVT. OF KERALA DT.13/03/09. EXT.P6:- TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08/06/10. EXT.P7:- TRUE COPY OF THE ACKNOWLEDGMENT OF EXT.P6 EXT.P8:- TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE CORPORATION DT.18/03/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. Nos.19139, 26515 of 2010 & 1483 of 2011 ------------------------------------------------ Dated this the 20th day of July, 2011 JUDGMENT Pius C. Kuriakose, J The Writ Petition No.19139/10 is filed by a telecom service provider seeking police protection for the erection of a mobile tower and for its energisation complaining that the construction and the proposed energisation is being obstructed by the local people including respondents 2 and 3. Writ Petition Nos.26515/10 and 1483/11 are instituted respectively by the local residents association and a member of the association challenging the proposed construction alleging that the same is unauthorised and will result in health hazards. It is not disputed before us that the construction which was made by the petitioner in W.P.C.19139/10 was found to be an unauthorised construction by the local authority/Cochin Corporation and W. P. C. No.19139/10 & con. cases -2- that the Corporation has initiated proceedings under Section 406 of the Kerala Municipality Act, 1994 for demolition of the proposed construction. Sri.Mohanakannan, the learned counsel for the petitioner in W.P.C.26515/10 submitted that those proceedings have now been finalised against the petitioner in W.P.C.19139/10 by Ext.P3 in W.P.C.26515/10 and subsequent confirmation orders passed. According to Sri.Mohanakannan, the petitioner in W.P.C.19139/10 is yet to challenge the final order of demolition. The above submission of Sri.Mohanakannan is disputed by Sri.A.Mohamed Mustaque. 2. One thing is clear to us that proceedings under Section 406 have been initiated by the Corporation for demolition of the constructions already made by the petitioner in W.P.C.19139/10. So long as the proceedings are pending or if a final order of demolition as stated by Sri.Mohanakannan is issued the petitioner in W.P.C.19139/10 cannot aspire for police protection from this Court in the matter of construction of the tower and much less for W. P. C. No.19139/10 & con. cases -3- energisation of the tower. We close W.PC.26515/10 on the reason that proceedings under Section 406 are pending in respect of the construction already made without examining merits of the grounds. As we have closed the above Writ Petition, we close the other two Writ Petitions also. It is open to the petitioner in W.P.C.19139/10 to approach this Court again once they are issued with a valid permit for the proposed construction. If it becomes necessary for the petitioner in W.P.C.19139/10 to approach this Court again they will implead the petitioners in W.P.C.1483/11 and W.P.C.26515/10 as respondents. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.19139/10 & con. cases -4-