IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 37810 of 2010(A) -------------------------- PETITIONER(S): --------------- M/S.ESSAR TELECOM INFRASTRUCUTRE (P) LTD., 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN - 682 017 REPRESENTED BY DEPUTY MANAGER (LEGAL) MR.BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, DY.S.P. OFFICE, KOLLAM HEAD POST OFFICE, KOLLAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST CIRCLE, KOLLAM HEAD POST OFFICE, KOLLAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, ERAVIPURAM P.O., KOLLAM DISTRICT. WP(C).No. 37810 of 2010 5. MR.SALIM.N., SREE VIHAR, NETHAJI NAGAR, VALATHUNGAL P.O., KOLLAM DISTRICT. 6. MR.RAMACHANDRAN, R.S.VIHAR, NETHAJI NAGAR, VALATHUNGAL P.O., KOLLAM DISTRICT. 7. CORPORATION OF KOLLAM, KOLLAM P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT FOR R7 SRI.R.S.KALKURA FOR R6 SRI.HARISH GOPINATH FOR R6 GOVERNMENT PLEADER SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 37810 of 2010 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE RECEIPT DTD 5.6.2009 ISSUED BY 7TH RESPONDENT EXT.P2:- COPY OF THE ORDER IN APPEAL NO.804/2009 DTD 24.10.2009 PASSED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM EXT.P3:- COPY OF THE ORDER IN APPEAL NO.6/2010 DTD 8.2.2010 PASSED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM EXT.P4:- COPY OF THE ORDER IN APPEAL NO.413/2010 DTD 29.6.2010 PASSED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM EXT.P5:- COPY OF THE REPRESENTATION DTD 16.12.2010 GIVEN TO THE 3RD AND 4TH RESPONDENTS BY THE PETITIONER AND RECEIPTS DTD 18.12.2010 ISSUED BY THE 3RD AND 4TH RESPONDENTS EXT.P6:- COPY OF THE ORDER OF THE D.G.P. DTD 1.2.2008 ISSUED TO THE PETITIONER EXT.P7:- COPY OF THE INTERIM ORDER DTD 13.8.2010 IN WPC NO.24045/2010 EXT.P8:- COPY OF THE FORM E AND F SUBMITTED BY THE PETITIONER EXT.P9:- PHOTOGRAPHS SHOWING THE TELECOMMUNICATION TOWER AFTER THE COMPLETION OF THE CONSTRUCTION WORK. EXT.P10:- COPY OF THE APPEAL DTD 25.4.2011 BEFORE THE MUNICIPAL COUNCIL EXT.P11:- COPY OF THE ACKNOWLEDGEMENT CARD DTD 2.05.2011 EXT.P12:- COPY OF THE D.D ALONG WITH COVERING LETTER DTD 10.6.2011 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- W.P.(C)No.37810 OF 2010 --------------------------------------------- Dated this the 15th day of July, 2011 JUDGMENT PIUS C. KURIAKOSE ,J. Having regard to the submissions and having regard to the admitted position that the construction of the tower is completed, we dispose of the writ petition directing the respondents 3 and 4 to afford adequate protection to the petitioner in the matter of energisation of the tower already constructed, in case there is obstruction to energisation from respondents 5 and 6 or anybody else, for that matter. PIUS C. KURIAKOSE JUDGE. C.K.ABDUL REHIM JUDGE dmb