IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 14145 of 2011(P) -------------------------- PETITIONER: ------------------ 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 ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------ 1. THE S.I.OF POLICE, PAYYANNOOR, KANNUR DISTRICT. 2. THE C.I.OF POLICE, PAYYANNOOR, KANNUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KANNUR. 4. PAYYANNOOR MUNICIPALITY, MUNICIPAL OFFICE, PAYYANNOOR, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. 5. K.A.ABDUL GAFOOR, A.H.HOUSE, KAVAI P.O., PAYYANNUR, KANNUR DISTRICT-670 307. 6. MANJOOR.S., S/O.MUHAMMED KUNJI.K., SIYALI HOUSE, KAVAI P.O., PAYYANNUR, KANNUR DISTRICT-670 307. WP(C).No. 14145 of 2011(P ------------------------------------- 7. SAMALI.K., S/O.YUSUF, KUNJIMOOPAN HOUSE, KAVAI P.O., PAYYANNUR, KANNUR DISTRICT-670 307. 8. SULAIMAN.K., S/O.ABDUL KHADER, KANAPPURAM HOUSE, KAVAI P.O., PAYYANNUR, KANNUR DISTRICT-670 307. 9. SAINUDEEN.K.P., S/O.AHAMED.A.P., KADAVATHUPURAYIL HOUSE, KAVAI P.O., PAYYANNUR, KANNUR DISTRICT-670 307. 10. MEHAROOF.K.P., KADAVATHUPURAYIL HOUSE, KAVAI P.O., PAYYANNUR, KANNUR DISTRICT-670 307. 11. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 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 3 , 11 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R4 BY ADV. SRI.M.SASINDRAN R12 ASST. SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14145 of 2011(P) ------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P2. COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA EXT.P3. COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10.01.2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT , DEPARTMENT OF TECOMMUNICATIONS. EXT.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 EXT.P4(A). TYPED COPY OF EXHIBIT P4. EXT.P5. COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P6. COPY OF BUILDING PERMIT NO.BA.399/10-11 DATED 17.09.2010 ISSUED BY THE 4TH RESPONDENT EXT.P7. COPY OF THE REPRESENTATION DATED 26.03.2011 EXT.P8. COPY OF THE POSTAL RECEIPTS. RESPODNENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14145 of 2011-P ***************************** Dated this the 1st day of June, 2011 JUDGMENT BASANT, J. Petitioners have come to this Court with this petition under Article 226 of the Constitution of India seeking issue of directions to respondents 1 to 4 to afford police protection to the petitioners for construction, installation and operation of a mobile tower in accordance with Ext.P6 permit issued by the 4th respondent. That mobile tower is to be constructed in the property of the 5th respondent. Respondents 6 and 10 are raising illegal and unjustified objection/obstruction to the construction of the mobile tower. In these circumstances, appropriate directions may be issued, it is prayed. 2. All respondents have been served. There is no appearance for any party respondents. No objections are filed by any of the respondents. Ext.P6 is regular permit. There is nothing to indicate that the said permit is challenged. 3. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd. v. C.I of Police [2010 (2) KLT 762] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. The learned counsel for W.P(C) No.14145 of 2011-P 2 the petitioners prays that subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171], police protection may be afforded to the petitioners. 4. Having considered all the relevant inputs, we are persuaded to agree that the petitioners are entitled to an order of police protection. In the absence of any opposition from any of the parties, it is unnecessary to delve deeper into the dispute. 5. In the result: a) This Writ Petition is allowed; b) Respondents 1 to 3 are directed to afford adequate police protection to the petitioners to construct, instal and operate a mobile tower in accordance with Ext.P6 permit issued by the 4th respondent; c) Needless to say, these directions are subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/