IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 11575 of 2011(V) -------------------------------------- PETITIONER(S): ----------------------- INDIA TELECOM INFRA LTD., NO.42/1327 (1), 2ND FLOOR, V.S. ARCADE, POWER HOUSE ROAD, OPP: POWER HOUSE, KACHERIPADI, COCHIN-682 018, REPRESENTED BY ITS AUTHORIZED PERSON BOBY SEBASTIAN, CIRCLE HEAD. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, KOZHIKODE DISTRICT, 673 001. 2. STATION HOUSE OFFICER, MEPPAYUR POLICE STATION, KOZHIKODE, 673 001. 3. ANILKUMAR, S/O.KUNJANANDAN NAIR, KARYATT KUNNUMMEL HOUSE, CHERUVANNOOR P.O., MEPPAYUR, KOZHIKODE-673 524. 4. BHASKARAN, S/O.GOPALAN NAMBIAR, KARYATT KUNNUMMEL HOUSE, CHERUVANNOOR P.O., MEPPAYUR, KOZHIKODE-673 524. 5. CHERUVANNOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, CHERUVANNOOR, KOZHIKODE-673 524. 6. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, MEPPAYUR, KOZHIKODE-673 524. R1 & R2 BY GOVT. PLEADER SMT.C.M. CHARISMA. R3 & R4 BY ADV. SRI.P.R.SREEJITH, SRI.M.PROMODH KUMAR, SRI.P.P.SURENDRAN. R5 BY ADV. SRI.K.D.BABU. R6 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 11575 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENSE ISSUED BY GOVT. OF INDIA TO M/S. INDIA TELECOM INFRA LTD., DATED 16/08/2007 (PREVIOUSLY KNOWN AS NK DIGITAL INFRASTRUCTURE SERVICES LTD.). EXT.P1(a): COPY OF THE CERTIFICATE ISSUED BY GOVT. OF INDIA TO THE PETITIONER SHOWING THE CHANGE OF NAME DATED 19/06/2008. EXT.P2: COPY OF THE BUILDING PERMIT ISSUED BY CHERUVANNOOR GRAMA PANCHAYATH DATED 01/12/2009. EXT.P3: COPY OF THE RELEVANT EXTRACT FROM SACFA CLEARANCE ISSUED BY GOVT. OF INDIA TO THE PETITIONER. EXT.P4: COPY OF THE RECEIPTS ISSUED BY KERALA STATE ELECTRICITY BOARD TOWARDS ELECTRICITY CONNECTION. EXT.P5: COPY OF THE PETITION SUBMITTED BEFORE 2ND RESPONDENT DATED 31/03/2011. EXT.P6: COPY OF THE ACKNOWLEDGEMENT TO THE EXHIBIT P5 PETITION DATED 31/03/2011. EXT.P7: COPY OF THE CONSENT CERTIFICATE FROM POLLUTION CONTROL BOARD. RESPONDENT'S EXHIBITS: //TRUE COPY// P.A. TO JUDGE rs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.11575 of 2011 ------------------------------- Dated this the 12th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Pursuant to our order dated 8.7.2011 the Panchayat has filed a statement. According to the statement, an inspection was conducted by the Panchayat at 2 p.m. on 8.7.2011 itself. In the inspection it was revealed that, the fencing work around the mobile tower is completed. But according to the Panchayat, inspite of the above fencing the tower requires some more safety measures, on considerations of public safety. We enquired with the learned counsel for the Panchayat as to what the Panchayat expects the petitioner company to do. Learned counsel submitted that, it will be ideal to have a pucca protective compound walls or grills as required by Rule 123 of Panchayat Building Rules. It appears to us that the 2 W.P.(C) No.11575 of 2011 panchayat is standing on technicalities and imposing unnecessary condition. Standing counsel for KSEB submitted that it was due to obstruction from local public that the KSEB did not give electrical connection to the tower. The ground for objection was health hazards. Having considered all materials available, we are of the view that relief can be granted to the petitioner company by taking into account the substantial expense incurred by the petitioner company so far, towards materialising its objective of constructing the mobile tower. We also take into account the judgment of Essar Telecom Infrastructure (P) Ltd. Vs. State of Kerala (2011(2) KLT 516). Hence we dispose of this writ petition issuing the following directions :- Respondents 1 and 2 shall extend adequate protection for the electrification of the mobile tower constructed by the petitioner company by the KSEB and for an operation of the tower, 3 W.P.(C) No.11575 of 2011 which is situated in Sy.No.49/3, Re-survey No.93/3 of Cheruvanoor Village, Quilandy Taluk, Kozhikode District. The writ petition is disposed of as above. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/