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. 11580 of 2011(V) ---------------------------------- PETITIONER(S): ------------------- POSIDON INFRASTRUCTURE PVT.LTD. HAVING REG.OFFICE AT GOKUL BUILDING, VISHRAMBHAG, SANGLI, MAHARASHTRA-416415,BRANCH OFFICE AT MIG 151, SRISAILAM, GANDHI NAGAR, ERNAKULAM-682020, REP.BY ITS M.D., MR.RAMESH GUNANI THROUGH HIS P/A H VINOD NAIR,S/O.VASUDEVAN NAIR, -DO- -DO- BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION, KOZHIKODE DISTRICT-673 661. 2. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, KOZHIKODE-673 020. 3. CHATHAMANGALAM GRAMA PANCHAYAT,REPRESENTED BY ITS SECRTARY, CHATHAMANGALAM GRAMA PANCHAYAT OFFICE, CHATHAMANGALAM, KOZHIKODE DISTRICT. 673 601. 4. BALAN.K., S/O.CHATHU,KUNNUMMAL HOUSE, NAIRKUZHY, CHATHAMANGLAM, KOZHIKODE DISTRICT. 673 601. 5. RANJITH.N., NARAKAMPOIL HOUSE, NAIRKUZHY, CHATHAMANGALAM, KOZHIKODE DISTRICT-673 601. 6. VINOD.P., S/O. PULAKKANDY HOUSE, NAIRKUZHY, CHATHAMANGALAM, KOZHIKODE DISTRICT. PIN-673 601. R1 & R2 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. 11580/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DATED 09/04/2010 BETWEEN M/S.POSIDON INFRASTRUCTURE PVT.LTD., AND M/S.INDUS TOWERS P2: COPY OF THE BUILDING PERMIT NO.642/10-11 DATED 06/02/2011 ISSUED BY THE SECRETARY, CHATHAMANGALAM GRAMAPANCHAYAT P3: COPY OF THE COMPLAINT LODGED TO THE 1ST RESPONDENT DATED 30/03/2011. P4: COPY OF THE RECEIPT OF COMPLAINT ISSUED BY THE 1ST RESPONDENT DATED 01/04/2011 RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 11580 of 2011-V ------------------------------------------------- Dated this the 3rd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions to respondents 1 and 2 to afford police protection to the petitioner for constructing, installing and operating a mobile tower in accordance with Ext.P2 permit issued by the 3rd respondent. 2. According to the petitioner, Ext.P2 regular permit is valid. That was issued by the 3rd respondent/Panchayat. Respondents 4 to 6 are raising untenable, illegal and unjustifiable objections to the undertaking of the work in accordance with Ext.P2. It is hence prayed that directions under Art.226 of the Constitution may be issued. 3. All the respondents have been served. There is no appearance for respondents 3 to 6. The learned Government Pleader appears for respondents 1 and 2. 4. Our attention has been drawn 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. W.P.(C) No. 11580 of 2011 -: 2 :- State of Kerala (2011 (2) KHC 171). 5. In the total absence of objections from respondents 3 to 6 and in the light of the precedents referred above, we are satisfied that the relief can be granted to the petitioner subject to appropriate conditions. 6. In the result: (a) This writ petition is allowed. (b) Respondents 1 and 2 are directed to afford police protection to the petitioner to construct, instal and operate the mobile tower in accordance with Ext.P2 building permit issued by the 3rd respondent against any obstructions that may be raised by respondents 4 to 6. (c) Needless to say that this judgment is issued subject to all observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge