IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 10343 of 2011(P) ---------------------------------- PETITIONER(S): ------------------- INDUS TOWERS LIMITED,VANKARATH TOWER, 8TH FLOOR, N.H.BYEPASS, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE, PREMAKRISHNAN NAIR M.N., HEAD LEGAL. BY ADV. SRI.P.SATHISAN RESPONDENT(S): --------------------- 1. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM DISTRICT-695 001. 2. STATION HOUSE OFFICER, BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM-695 501. 3. SHAJAHAN, S/O. SHAHUL HAMEED, TAJ MAHAL TRAVELS, PARUTHICHAKONAM, BALARAMAPURAM P.O., THIRUVANANTHAPURAM-695 501. * 4. SIVANANDAN, S/O. ARJUNAPANICKER, KADAYARAVILAKATHU VEEDU, MUDAVOORPARA,BALARAMAPURAM P.O., THIRUVANANTHAPURAM-695 501. (DELETED) * R4 DELETED FROM THE ARRAY OF PARTIES AS PER ORDER DTD. 24/06/2011 IN I.A. NO.7135/2011 IN WPC.10343/2011 5. SUDHAKARAN,SIVANCOIL ROAD, NEAR BALARAMAPURAM PANCHAYATH OFFICE, BALARAMAPURAM P.O., THIRUVANANTHAPURAM-695 501. 6. BALARAMAPURAM GRAMA PANCHAYATH,REP.BY ITS SECRETARY, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695 501. R1 & R2 BY GOVT. PLEADER SMT.C.M.CHARISMA R3-5 BY ADVS. SRI.G.SUDHEER SMT.M.JAYASREE R6 BY ADV. SRI.C.J.JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10343/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY -1(IP-I) P1(a):COPY OF THE CERTIFICATE ISSUED BY GOVERNMENT OF INDIA WITH RESPECT TO THE NAME CHANGE. P1(b):COPY OF THE LICENSE ISSUED BYCENTRAL GOVERNMENT TO ONE OF THE SERVICE PROVIDERS. P2: COPY OF THE BUILDING PERMIT ISSUED BY 6TH RESPONDENT TO THE PETITIONER DATED 13/07/2010. P3: COPY OF STOP MEMO DATED 08/10/2010. P4: COPY OF STAY ORDER DATED 25/11/2010 ISSUED BY HON'BLE TRIBUNAL IN APPEAL 1008/2010. P5: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 28/12/2010. P6: COPY OF THE ACKNOWLEDGMENT TO THE P3 COMPLAINT DATED 28/12/2010. P7: COPY OF THE RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS DATED 24/05/1999 RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.10343 OF 2011 ............................................. Dated this the 24th day of June, 2011. JUDGMENT Basant, J: This petition is filed by the petitioner seeking issue of directions under Article 226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner to undertake the construction of mobile tower in accordance with Ext.P2 permit issued by the 6th respondent. 2. According to the petitioner, Ext.P2 is the regular permit issued by the panchayat. Though a stop memo was issued by the panchayt, the panchayat has subsequently withdrawn the same. Ext.P2 is thus in force. Respondents 3 to 5 are raising illegal obstructions against the construction of the mobile tower. Respondent No.4 has subsequently been deleted from the array of parties. 3. Respondents 3 and 5 though served have not chosen to enter appearance. Respondent No.6 -panchayath has entered appearance. The panchayat raise no objection against the prayer in the writ petition. W.P.(C).NO.10343 OF 2011 : 2 : 4. Our attention has been drawn to Essar Telecom Infrastructure (P) Ltd. v. C.I. of Police (2010 (2) KLT 782) and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). We are satisfied that the petitioner is in these circumstances entitled to an order of police protection. 5. 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 mobile tower in accordance with Ext.P2 permit issued by the 6th respondent against obstruction, if any, raised by respondents 3 and 5 . c. Needless to say, the direction hereby issued shall be 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. cl