IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 13914 of 2011(L) -------------------------------------- PETITIONER: ------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS MANAGER (LEGAL), MR.PRAMOD JAIJI. BY ADVS. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, KASARAGOD, KASARAGOD DISTRICT, PIN-671 124. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KANHANGOD, KASARAGOD DISTRICT, PIN-671 315. 3. THE CIRCLE INSPECTOR OF POLICE, NILESHWAR, KASARAGOD DISTRICT, PIN-671 314. 4. THE SUB INSPECTOR OF POLICE, NILESHWAR, KASARAGOD DISTRICT, PIN-671 314. 5. K.P.RAVINDRAN, 'KANOTH PATTUVAKARAN', 'SREE NILAYAM', NILESHWAR.P.O., PALLIKKARA, KASARAGOD DISTRICT, PIN-671 314. 6. T.SHOBHANA, D/O.AMBU, DAMS HOUSE, NILESHWAR.P.O., PALLIKKARA, KASARAGOD DISTRICT, PIN-671 314. W.P.(C). NO.13914/2011-L: 7. V.GOPALAN, S/O.AMBADI, MUNICIPAL COUNCILOR, WARD NO.9, NILESHWAR MUNICIPALITY, NILESHWAR.P.O., PALLIKKARA, KASARAGOD DISTRICT, PIN-671 314. 8. NILESHWAR MUNICIPALITY, NILESHWAR.P.O., KASARAGOD DISTRICT, PIN-671 314, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY GOVT. PLEADER SMT. C.M. CHARISMA, R8 BY ADVS. SRI.ELVIN PETER P.J, SMT.POOJA SURENDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13914/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT DTD. 02/05/2011 ISSUED BY THE NILESWAR MUNICIPALITY. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.4. DTD. 10/05/2011. EXT.P.3: COPY OF THE REPRESENTATION DTD. 19/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.13914 of 2011-L ***************************** Dated this the 31st day of May, 2011 JUDGMENT BASANT, J. This petition for police protection is filed by the petitioner seeking issue of directions to respondents 1 to 4, police officials to afford police protection to the petitioner to undertake the activity of construction, installation and operation of a tele communication tower in accordance with Ext.P1 permit issued by the 8th respondent against illegal obstruction, which is being raised by respondents 5 to 7. 2. Service is complete. There is no appearance for any party respondents. Respondents 1 to 4 are represented by the learned Government Pleader. The learned Government Pleader only submits that appropriate order may be passed. 3. Ext.P1 is a regular permit. There is absolutely nothing to indicate that there is any infirmity in Ext.P1 permit. The petitioner is entitled to undertake the construction in W.P(C) No.13914 of 2011-L 2 accordance with Ext.P1 and respondents 5 to 7 are not shown to have any right to object or obstruct the construction. 4. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd. v. C.I of Police [2010 (2) KLT 762] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. The learned counsel for the petitioner only prays that subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171], police protection may be afforded to the petitioner. 5. We are satisfied that the petitioner is entitled to an order of protection. In the absence of any objections from the respondents, we are satisfied that this petition can be allowed. 6. In the result: a) This Writ Petition is allowed; b) Respondents 1 to 4 are directed to grant adequate police protection to the petitioner to undertake the construction, installation and operation of a telecommunication tower in accordance with the terms of Ext.P1; c) Needless to say, these directions are subject to the W.P(C) No.13914 of 2011-L 3 observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/