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. 28384 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ SHAJI 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, EAST KALLADA, KOLLAM DISTRICT.PIN-691 502 2. THE SUPERINTENDENT OF POLICE, KOLLAM.PIN-690 001 3. EAST KALLADA GRAMA PANCHAYAT, EAST KALLADA, KOLLAM DISTRICT-691 502, REPRESENTED BY ITS SECRETARY. 4. SARAMMA JACOB, THAYIL KRIPAVILASOM, EAST KALLADA P.O., KOLLAM-691 502. 5. VELAYUDHAN, S/O.GOPALAN, VALAVILARIKATHU HOUSE, EAST KALLADA P.O., KOLLAM DISTRICT-691 502. 6. SURESH, S/O.SURENDRAN, EAST KALLADA P.O.,KOLLAM DISTRICT-691 502. 7. MOHANAN, S/O.THANAKAPPAN, VALAVILARIKATHU HOUSE, EAST KALLADA P.O., KOLLAM DISTRICT-691 502. sts 2/- -2- WP(C)NO.28384/2010 8. PRADEEP, S/O.THANKAPPAN, VALAVILARIKATHU HOUSE, EAST KALLADA P.O., KOLLAM DISTRICT-691 502. 9. THULASI, PEROOR VILAYATHU, VALAVILARIKATHU HOUSE, EAST KALLADA P.O., KOLLAM DISTRICT-691 502. 10. INDUS TOWERS LTD., CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH 47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD - LEGAL, PREMAKRISHNAN NAIR. 11. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRTARY, 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 & R2, R11 BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU R3 BY ADV. SRI.K.SUBASH CHANDRA BOSE R5, R6,R8 & R9 BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE BY ADV. SRI.S.SHARAN R12 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.28384/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT DATED 30/07/2010 ISSUED BY THE 3RD RESPONDENT PANCHAYAT. P2 COPY OF THE REPRESENTATION DATED 01/09/2010 SUBMITTED BEFORE FIRST RESPONDENT. P3 COPY OF THE RECEIPT DATED 04/09/2010 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. P4 COPY OF THE LETTER NO.T8/89000/06 DATED 30/10/2006 ISSUED BY THE DIRECTOR GENERAL OF POLICE, KERALA. P5 COPY OF THE REPORT SUBMITTED BY THE TECHNICAL COMMITTEE. P6 COPY OF THE LETTER DATED 11/09/06 ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM TO KUDAPPANAKUNNU GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS: ANNEXURE R11(A) COPY OF THE G.O.(RT) NO.3023/2010/LSGD DATED 13/9/2010. ANNEXURE R11(B) COPY OF THE G.O.(RT)NO.3179/10/LSGD DATED 4/10/2010. /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.28384 of 2010-W ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioner has filed this petition seeking issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 to afford protection for the petitioner for undertaking the work of construction, establishment and working of a mobile transmission tower as permitted by the 3rd respondent under Ext.P1 permit. It is the case of the petitioner that respondents 5 to 9 are raising illegal objections/obstructions against the construction and working of the tower. 2. Respondents have been served. Respondents 5, 6, 8 and 9 have filed objections. There is no representation for respondents 5 to 9, when the matter came up for hearing. The objection raised is only the general objection regarding th mobile tower causing health hazards to the members of the local community. No other valid objections are raised. 3. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd. v. C.I of Police [2010 W.P(C) No.28384 of 2010-W 2 (2) KLT 762] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. We are satisfied, in these circumstances, that protection can be granted subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. 4. In the result: a) This Writ Petition is allowed; b) Respondents 1 and 2 are directed to afford protection to the petitioner for undertaking the construction, installation and working of mobile tower in accordance with Ext.P1 permit. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/