IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 14068 of 2011(G) -------------------------------- PETITIONER(S): ------------------ BHARAT SANCHAR NIGAM LTD., REPRESENTED DIVISIONAL ENGINEER, (BSS), CTO BUILDING, PALAKKAD. BY ADV. SRI.C.S.RAMANATHAN, SC, BSNL RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, TRIVANDRUM.-695001 2. SUPERINTENDENT OF POLICE, PALAKKAD.-678001 3. CIRCLE INSPECTOR OF POLICE, MANNARKKAD, PALAKKAD-678 582. 4. SUB-INSPECTOR OF POLICE, NATTUKAL, PALAKKAD-678 583. 5. THACHANATTUKARA GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, THACHANATTUKARA PANCHAYATH, CHETHALLUR P.O.-678 583. 6. C.H.HYDROSS HAJI, CHEMMALA HOUSE, CHETHALLUR P.O-678 583. 7. K.K.MUHAMMED KUTTY, S/O.KUNJAYAMMU, KIZHAKKEKARA HOUSE, VELLAKUNNU, CHETHALLUR PO-678 583. WP(C).No. 14068 of 2011(G) -2- 8. P.T.MUHAMMED KUTTY, S/O.MAMMED, POTHIYIL THOTTIPARAMBIL AKKARAMMEL HOUSE, VELLAKUNNU, CHETHALLUR P.O-678 583. 9. K.C.MUHAMMED, S/O.MOIDU, KARUTHAN CHOLA HOUSE, VELLAKUNNU, CHETHALLUR PO-678 583. 10. K.NAZAR, S/O.MUHAMMED, KAVARAN KUNDAN HOUSE, VELLAKUNNU, CHETHALLUR PO-678 583. 11. K.MOHAMMEDUNNI, S/O.SAITHALI, KIZHAKKEKARA HOUSE, VELLAKUNNU, CHETHALLUR PO-678 583. ADV. SRI.SANTHEEP ANKARATH FOR R7-9,11 SMT.M.SINDHU THANKAM FOR R7-9,11 SRI.P.JAYARAM FOR R5 GOVT.PLEADER SRI.DHANESH MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, ALONG WITH WPC NO.17929 OF 2011 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. Nos.14068, 17929 & 19597 of 2011 ------------------------------------------------ Dated this the 20th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The BSNL is the petitioner in these three Writ Petitions. They seek police protection for the establishment of the Base Transceiver Station (Mobile Telecommunication Tower) free from obstructions raised by the party respondents who are local people apprehensive of health hazards resulting from the operation of the tower. The petitioner does not have a Building Permit issued by the local authority. One of the grounds prominently raised by the petitioner is that they have been duly notified under Section 19B of the Indian Telegraph Act as the Telegraph authority for the above purpose. Ext.P3 (in W.P.C No.14068/11) prima facie supports the above stand taken by the petitioner. In view of the assertion of the petitioner that they are telegraph authority for the purpose of Indian Telegraph Act, we feel that the W. P. C. Nos.14068, 17929 & 19597 of 2011 -2- remedy of the petitioner is provided to them under Section 16 read with Section 10 of the Indian Telegraph Act. We permit the petitioner to move the District Magistrate concerned for redressal of their grievance. We permit the party respondents to raise all available contentions before the District Magistrate. We are sure that the District Magistrate will expedite matters and complete the enquiry and take a decision at the earliest. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-