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. 24520 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS MANAGER (LEGAL), MR.PRAMOD JAIJI. BY ADVS. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, KOWDIYAR, THIRUVANANTHAPURAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, VARKALA CIRCLE OFFICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM. 6. MR.MADHAVAN PILLAI, AGED 65, MULLUVILA VEEDU, AYIROOR P.O., VARKALA-695 310, THIRUVANANTHAPURAM DISTRICT. Kss ..2/- ...2.... WPC.NO.24520/2010 L 7. MR.SASIDHARAN, AGED 65, MULLUVILA VEEDU, AYIROOR P.O., VARKALA-695 310, THIRUVANANTHAPURAM DISTRICT. 8. MR.THRILOKHSING, AGED 40, MULLUVILA VEEDU, AYIROOR P.O., VARKALA-695 310, THIRUVANANTHAPURAM DISTRICT. 9. MRS.SHEEBA VIJAYAN, AGED 35, MULLUVILA VEEDU, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 310. 10. MRS.RAJAMMA, AGED 65, PALAVILA HOUSE, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 310. 11. MRS.OMANA, AGED 52, PALAVILA HOUSE, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 310. 12. ELAKAMON GRAMA PANCHAYATH, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS SECRETARY - 695 310. R1 TO R5 BY SR. GOVERNMENT PLEADER SRI. M.R. SABU R6 TO R11 BY ADV. SRI.J.S.AJITHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24520/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT DTD. 11/06/2010 ISSUED BY THE ELAKAMON GRAMA PANCHAYAT. P2: COPY OF THE REPRESENTATION AND RECEIPT DTD. 13/07/2010 SUBMITTED BY THE PETITIONER BEFORE THE 4TH & 5TH RESPONDENTS. P3: COPY OF THE REPRESENTATION DTD. 20/07/2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND, 3RD, 4TH & 5TH RESPONDENTS. P4: COPY OF THE INTERIM ORDER DTD. 04/05/2010 IN WPC.NO.14312/2010 OF THIS HONOURABLE COURT. P5: COPY OF THE STOP MEMO DTD. 14/07/2010 ISSUED BY THE ELAKAMON GRAMA PANCHAYAT. P6: COPY OF THE ORDER DTD. 26/07/2010 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO.643 OF 2010. P7: COPY OF THE INJUNCTION ORDER GRANTED BY THE MUNSIFF COURT DTD. 17/08/2010. P7: I.A.NO.7947/2011 - COPY OF THE FINAL ORDER DTD. 31/08/2010 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO.643 OF 2010. RESPONDENT'S EXHIBITS: R8(A): COPY OF ORDER DTD. 26/07/2010 IN I.A.913/10 IN APPEAL NO.643/2010 OF L.S.G. TRIBUNAL, TRIVANDRUM. R8(B): COPYOF ORDER DTD. 17/08/2010 IN I.A.1687/10 IN O.S.240/10 OF MUNSIFF'S COURT, VARKALA. /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 24520 of 2010-L ------------------------------------------------- Dated this the 27th day of May, 2011 JUDGMENT Basant,J. The petitioner has filed this petition claiming police protection against respondents 6 to 11 who are allegedly raising objections to the work of installation of a telecommunication tower as authorized by Ext.P1 permit issued by the 12th respondent Panchayat. Our attention has been drawn to the decision of the Full Bench in Essar Telecom Infrastructure (P) Ltd., v. C.I. of Police [2010 (2) KLT 762) (FB)] and the Division Bench in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). 2. Ext.P1 permit has been validly issued by the Panchayat. There is no contention that there is any infirmity in the issue of permit. Though a stop memo was issued, that stop memo has now been set aside by the order of the Tribunal for Local Self Government Institutions, it is accepted. Except the contention that the installation of the mobile tower would cause health hazards for the local inhabitants, no other contentions are raised. 3. We are, in these circumstances, satisfied that following W.P.(C) No. 24520 of 2010 -: 2 :- the above precedents, the petitioner is entitled for an order of police protection. 4. There is a contention that a conditional interim order issued by this Court was not respected by the petitioner. In the view which we take, that the petitioner is entitled for police protection, we deem it unnecessary to go deeper into that dispute. 5. This writ petition is, in these circumstances, allowed. Respondents 2 to 5 are directed to afford protection to the petitioner to construct, instal and operate the telecommunication tower as permitted under Ext.P1. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge