IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20016 of 2011(B) --------------------------------------- PETITIONER: ------------------- POSIDON INFRASTRUCTURE PVT. LTD.,HAVING REGISTERED OFFICE AT GOKUL BUILDING, VISHRAMBHAG,SANGLI, MAHARASTHRA-416 415,BRANCH OFFICE AT MIG 151,SRISAILAM, GANDINAGAR, ERNAKULAM – 682 020,REPRESENTED BY ITS MANAGING DIRECTOR MR. RAMESH GUNANI, THROUGH HIS POWER OF ATTORNEY HOLDER VINOD NAIR, S/O.VASUDEVAN NAIR, MIG 151,SRISAILAM,GANDHI NAGAR, ERNAKULAM-682 020. BY ADV. SRI.KRISHNA PRASAD. S. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, THRISSUR-680 001. 2. THE SUPERINTENDENT OF POLICE (RURAL), OFFICE OF THE SUPERINTENDENT OF POLICE(RURAL), THRISSUR DISTRICT - 680 001. 3. KONDUGNALLUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KODUNGALLUR MUNICIPAL OFFICE, KODUNGALLUR, THRISSUR - 680 664. 4. RINSHAD, PALLIKKAL AKATH HOUSE, KANDAMKULAM.P.O, THRISSUR, PIN - 680 669. 5. AZEES.T.P, MULAYMPALLIL HOUSE, KANDAMKULAM.P.O, THRISSUR - 680 669. R1 & R2 BY GOVT. PLEADER SMT. CHARISMA, R5 & R5 BY ADVS. SRI.T.H.ABDUL AZEEZ, SRI.P.M.ABDUL JALEEL (KODUNGALLUR). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20016/2011-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 09/04/2010 BETWEEN M/S. POSIDON INFRASTRUCTURE PVT. LTD. AND M/S. INDUS TOWERS. EXT.P.2: COPY OF THE BUILDING PERMIT NO.615/2010 DTD. 25/06/2011 ISSUED BY THE SECRETARY, KODUNGALLUR MUNICIPALITY. EXT.P.3: COPY OF THE COMPLAINT LODGED TO THE R.1. DTD. 16/07/2011. EXT.P.4: COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE R.1. DTD. 16/07/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.20016 of 2011 ------------------------------- Dated this the 28th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition has been filed by the petitioner, who are said to be in business of erecting telecommunication towers to various telecommunication companies, seeking police protection in the matter of construction of a particular tower within the area of the 3rd respondent Kodungallur Municipality. According to them, Ext.P2 building permit issued to them by the Municipality has been issued after holding all due enquiry and the same is in currency. All the respondents were served with notice by special messenger and there is appearance for R3 to R5. There is no resistance to the submissions of the learned counsel for the petitioner regarding validity of Ext.P2 building permit. Learned counsel for R4 and R5 submitted that, respondents 4 and 5 are opposing the construction of the tower as its 2 W.P.(C) No.20016 of 2011 energisation will be causing hazards to the health of R4 and R5 and the entire public who reside around the proposed tower. He also submitted that R4 and R5 alongwith other local public have already moved the Kodungallur Municipality for cancellation of the permit. The issue of health hazards on account of transmission from telecommunication towers is decided against the contentions similar to the ones raised by respondents 4 and 5, in judgment of a Division Bench of this Court in Essar Telecom Infrastructure (P) Ltd. Vs. State of Kerala (2011(2) KLT 516). Therefore, it is idle for respondents 4 and 5 to contend that health hazards will result if the proposed tower is energised. As for the submission of the learned counsel for respondents 4 and 5 that they have already moved the Kodungallur Municipality we make it clear that, it is always open to them to have remedies available to them in law against the permit. However as the permit is in currency, we are inclined to grant the relief sought for. Accordingly, while allowing this writ petition, 3 W.P.(C) No.20016 of 2011 we direct respondents 1 and 2 to provide sufficient police protection to the staff and employees of the petitioner company for carrying out the construction and other works of Base Transceiver Station (BTS) and its ancillary Units tower on the basis of Ext.P2 bulding permit issued by the Secretary, Kodungallur Municipality, provided, Ext.P2 is a valid permit and is in currency in case there is any obstruction from the part of respondents 4 and 5 or anybody acting under them. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/