IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 26096 of 2008(F) -------------------------- PETITIONER: ------------ M/S. RELIANCE COMMUNICATIONS, A&P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHRA, REPRESENTED BY ITS CIRCLE MANAGER (LEGAL) AND AUTHORISED SIGNATORY V.K. SAJITH. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- 1. THE SUB INSPECT OF POLICE, BALARAMAPURAM. 2. GEORGE, DAELVIEW, KAVINPURAM, BALARAMAPURAM, TRIVANDRUM. 3. CHANDRASENAN, PARVANETHU, -DO- 4. STUVART, NEAR HARIJAN SOCIETY, KAVINPURAM, TRIVANDRUM. BY ADV. SRI.J.S.AJITHKUMAR FOR R2-4 SR.GOVT. PLEADER SRI.BENJAMIN PAUL - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 26096/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE LICENCE AGREEMENT FOR BASIC TELEPHONE SERVICE IN KERALA SERVICE AREA DATED 20.7.2001. EXT.P2 - TRUE COPY OF THE LICENCE AGREEEMENT FOR PROVISION OF UNIFIED ACCESS SERVICES AFTER MIGRATION IN KERALA SERVICE AREA DATED 20.7.2001. EXT.P3 - TRUE COPY OF S.O.382(E) DATED 24.5.1999. EXT.P4 - TRUE COPY OF S.O.170(E) DATED 7.2.2002. EXT.P5 - TRUE COPY OF THE CONSENT BY SMT.ASHARANI S.K., DATED 22.2.2008. EXT.P6 - TRUE COPY OF THE BUILDING PERMIT ISSUED BY BALARAMAPURAM GRAMA PANCHAYAT DT. 29.7.2008. EXT.P7 - TRUE COPY OF RECEIPT ISSUED BY THE BALARAMAPURAM GRAMA PANCHAYAT DATED 25.7.2008. EXT.P8 - TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 4.8.2008. EXT.P9 - TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 5.8.2008. RESPONDENTS' EXTS. EXT.R2(a) - TRUE COPY OF MASS PETITION OF PEOPLE OF THE LOCALITY TO THE DISTRICT COLLECTOR, TRIVANDRUM DATED 14.7.2008. EXT.R2(b) - TRUE COPY OF REPORT OF VILLAGE OFFICER, KOTTUKAL VILLAGE DATED 22.7.2008. EXT.R2(c) – TRUE COPY OF REPORT OF TAHSILDAR, NEYYATTINKARA DT. 26.8.2008. EXT.R2(d) - TRUE COPY OF PROCEEDINGS OF SECRETARY, BALARAMAPURAM GRAMA PANCHAYAT DT. 25.8.2008. EXT.R2(e) - TRUE COPY OF COMMUNICATION OF PRESIDENT OF BALARAMAPURAM GRAMA PANCHAYAT DT. 28.8.2008 TO THE C.I. OF POLICE, NEYYATTINKARA. EXT.R2(f) – TRUE COPY OF COMMUNICATION NO.14258/08/MCI DT. 18.7.2008 OF R.D.O., TRIVANDRUM. EXT.R2(g) – TRUE COPY OF EXTRACT OF DESABHIMANI DAILY DT. 11.8.2008. EXT.R2(h) – TRUE COPY OF EXTRACT OF RASHTRA DEEPIKA DT. 27.8.2008. EXT.R2(i) – TRUE COPY OF NOTICE OF ACTION COUNCIL /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 26096 OF 2008-F ----------------------------------------- Dated 17th September, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking police protection for the construction of a telecommunication tower. But, the contesting respondents have produced Ext.R2(e) communication issued by the President of the Grama Panchayat to the Circle Inspector of Police, to prevent the construction of the tower. When confronted with this communication, the learned counsel for the petitioner submitted that the direction issued under Ext.R2(e) is not a lawful direction and therefore, the C.I of Police is not bound by the same. 2. Section 252(1) of the Kerala Panchayat Raj Act, 1994 reads as follows: “252. Duties of police officers:--(1) It shall be the duty of every police officer, - (a) to communicate without delay to the President and WPC 26096/08 2 Secretary any information which he receives of the design to commit or of the commission of any offence under this Act or any rule or bye-law made thereunder, and (b) to assist the President or the Secretary or any officer of the Panchayat demanding in writing his aid for the lawful exercise of any power vesting in the President, the Secretary or in such officer or employee of the Panchayat under this Act or any rule or bye-law made thereunder, or for the performance of any function entrusted to any of them.” Going by clause (b) of sub-section (1) of Section 252 quoted above, the C.I of Police is bound to obey the direction issued by the Panchayat President. The subject-matter of Ext.R2(e) cannot be said to be something, in which, there is total lack of jurisdiction for the President. Therefore, the C.I of Police cannot be conceded freedom to sit in appeal over the direction of the President, enter a finding that the President has issued the direction without jurisdiction and refuse to obey it. As long as Ext.R2(e) is there, if the police do not help the petitioner, we feel that there is no failure of duty from the part of the police. Therefore, the Writ Petition is dismissed. But, this will not affect the contentions of the petitioner against Ext.R2(e). If it is able to avoid the said communication in appropriate proceedings, it will be WPC 26096/08 3 free to approach this Court again for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/