IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 38720 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------- 1. INDUS TOWERS LTD., CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O.MATHEW, PALATHARA HOUSE, THURUTHY.P.O., CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY) BY ADVS. SRI.V.PHILIP MATHEWS, SRI.GIBI.C.GEORGE. RESPONDENT(S): ---------------------------- 1. THE S.I OF POLICE, VANNERY POLICE STATION, MALAPPURAM. 676 505. 2. THE C.I OF POLICE, PONNANI, MALAPPURAM. 676 505. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 676 505. 4. MARANCHERRY GRAMA PANCHAYAT, MARANCHERRY, MALAPPURAM DISTRICT. REPRESENTED BY ITS SECRETARY. 676 505. 5. SARSARAS ALI, S/O.HYDARALI, ERAVALATHIL HOUSE, PURINGU.P.O., KANJIRAMMUKKU. 679 584. Kss ..2/- ...2.... WPC.NO.38720/2010 L 6. KABEER, S/O.KUNJUMON, PUTHEDATHIL HOUSE, PURINGU.P.O., KANJIRAMMUKKU. 679 584. 7. JAMSHEED.K.C., S/O.KUNJUMON, PUTHEDATHIL HOUSE, PURINGU.P.O., KANJIRAMMUKKU. 679 584. 8. MANSOOR ALI, KUNJURAYIL HOUSE, PURINGU.P.O., KANJIRAMMUKKU. 679 584. 9. AFSAL, S/O.ABDUL KHADER, PURINGU.P.O., KANJIRAMMUKKU. 679 584. 10. AKBAL, S/O.ABOOBACKER, PURINGU.P.O., KANJIRAMMUKKU. 679 584. 11. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 12. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1 TO R3 & R11 BY SR. GOVERNMENT PLEADER SRI. M.R. SABU R4 BY ADVS.SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH. R5 TO R10 BY ADVS.SRI.C.KHALID, SRI.N.GOPINATHA PANICKER, SMT.P.VANDANA, SRI.PHIJO PRADEESH PHILIP. R12 BY ADV. SRI. T.P.M.IBRAHIM KHAN, ASST.S.G. OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38720/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P3: COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DTD. 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. P4: COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P4(A): COPY OF EXHIBIT P4. P5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. P6: COPY OF BUILDING PERMIT NO.BL-5060/10 DTD. 22/07/2010 ISSUED BY 4TH RESPONDENT. P7: COPY OF THE REPRESENTATION DTD. 21/12/10 SUBMITTED BY THE BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 38720 of 2010-L ------------------------------------------------- Dated this the 27th day of May, 2011 JUDGMENT Basant,J. The petitioners have filed this petition seeking police protection for the construction and working of a mobile tower as per Ext.P6 building permit issued by the 4th respondent. Respondents 5 to 10 - members of the local public are allegedly causing illegal obstruction to the construction of the mobile tower in accordance with Ext.P6. 2. 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. State of Kerala (2011 (2) KHC 171). 3. The only objection raised is that construction, installation and working of the mobile tower would cause health hazards. 4. In the light of the principles laid down in the said decisions referred above, we are satisfied that the petitioners are entitled for police protection. W.P.(C) No. 38720 of 2010 -: 2 :- 5. In the result: (a) This writ petition is allowed. (b) Respondents 1 to 3 are directed to afford police protection to petitioners 1 and 2 to construct, instal and operate the mobile tower in accordance with Ext.P6 building permit. (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