IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 4324 of 2011(M) -------------------------------------- PETITIONER(S): ------------------------ TOWER VISION INDIA PRIVATE LIMITED, IST FLOOR,MUSCAT TOWERS,S.A.ROAD, KADAVANTHRA-682 020,REP.BY ITS MANGER(LEGAL) MR.PRAMOD JAIJI. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE , OFFICE OF THE SUPERINTENDENT OF POLICE,THRISSUR, THRISSUR DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA,THRISSUR DISTRICT 680 121. 4. THE CIRCLE INSPECTOR OF POLICE, VALAPPAD CIRCLE OFFICE, THRISSUR DISTRICT 680 567. 5. THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION,THRISSUR DISTRICT 680 685. 6. MR.SUDHIR,S/O.SHEKHARAN,VATTEKATTIL HOUSE,PERINJANAM P.O,THRISSUR DISTRICT,PIN 680686. sts 2/- -2- WP(C)NO.4324/2011 7. MR.SUDHAKARAN,S/O.KESAVAN, KIZHAKKEDATHU HOUSE, PERINJANAM P.O, THRISSUR DISTRICT,PIN 680 686. 8. PERINJANAM GRAMA PANCHAYATH,PERINJANAM P.O, THRISSUR DISTRICT, PIN 680 686,REP.BY ITS SECRETARY. R1 TO R5 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R6 & R7 BY ADV. SRI.K.P.RAMACHANDRAN SRI.R.SUDHISH SMT.BINDHU PAULOSE R8 BY ADV. SRI.T.M.ABDUL AZEEZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.4324/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT DATED 22/1/2011 ISSUED BY THE PERINJANAM GRAMA PANCHAYAT. P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 27/1/2011 AND THE RECEIPT. P3 COPY OF THE REPRESENTATION DATED 04/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 5. P4 COPY OF THE INTERIM ORDER DATED 25/01/2011 IN WP(C)NO.1930/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: R6(A) COPY OF THE GOVERNMENT CIRCULAR DATED 10/08/2009, CIRCULAR NO.2750 (2)/RD, 2/09/LSAD, ISSUED AND CIRCULATED BY THE SECRETARY, LOCAL SELF ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. R6(B) COPY OF THE REPRESENTATION DATED 14/12/2010, SUBMITTED BY THE LOCAL INHABITANTS BEFORE THE PERINJANAM GRAMA PANCHAYAT PRESIDENT/SECRETARY. R6(C) COPY OF THE RECEIPT DATED 01/02/2011, ISSUED BY THE PERINJANAM GRAMA PANCHAYAT TO THE XV WARD ANCHAMBALA ROAD INHABITANTS. R6(D) COPY OF THE REPRESENTATION DATED 08/02/2011, SUBMITTED BY THE XV WARD ANCHAMBALA ROAD INHABITANTS BEFORE THE PERINJANAM GRAMA PANCHAYAT PRESIDENT/ SECRETARY. R6(E) COPY OF THE NEWS REPORTED IN THE MATHRUBHOOMI DAILY DATED 02/11/2010. R6(F) COPY OF THE NEWS REPORTED IN THE MADYAMAM DAILY DATED 02/11/2010. R6(G) COPY OF THE NEWS REPORTED IN THE MALAYALA MANORAMA DAILY DATED 04/02/2011. R6(H) COPY OF THE NEWS REPORTED IN THE HINDU DAILY DATED 05/01/2011. R6(I) COPY OF THE NEWS REPORTED IN THE SUNDAY EXPRESS DATED 15/08/2010. R6(J) COPY OF THE INTERIM STAY ORDER DATED 18/06/2010 OF THE HONOURABLE KERALA HIGH COURT IN WP(C)NO.18968/2010. R6(K) COPY OF THE RESEARCH REPORT OF THE KERALA ENVIRONMENTAL RESEARCH ASSOCIATION, KOLLAM REGARDING THE HAZARDOUS IMPACT OF MOBILE TOWER. 4/- -4- WP(C)NO.4324/2011 R6(L) COPY OF THE BRIEF STUDY REPORT OF THE KERALA ENVIRONMENTAL RESEARCH ASSOCIATION, KOLLAM REGARDING THE HEALTH PROBLEMS DUE MOBILE TOWER. R6(M) COPY OF THE ARTICLE PUBLISHED IN INTERNATIONAL JOURNAL OF ENVIRONMENTAL SCIENCES. R6(N) COPY OF THE NEWS REPORTED IN THE CHANDRIKA DAILY DATED 29/11/2010,INDIAN EXPRES DAILY DATED 29/11/2010 ANDIN THE JANAYUGAM DAILY DATED 29/11/2010. /TRUE COPY/ P.S.TO.JUDGE sts R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 4324 of 2011-M ------------------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 2 to 5 - all police officials under the 1st respondent State, to afford police protection to the petitioner against any illegal obstruction that is raised by respondents 6 and 7 when the petitioner attempts to undertake the construction of a mobile tower in accordance with Ext.P1 permit issued by the 8th respondent Panchayat. 2. According to the petitioner, Ext.P1 permit is a regular permit. The same is valid. Its validity has not been challenged by any one. In these circumstances, respondents 6 and 7 have no manner of legal right to raise any obstruction. The police is guilty of inaction and it is, in these circumstances, that the petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution. 3. All respondents have been served and a counter affidavit has been filed by respondents 6 and 7. The 8th respondent Panchayat confirms that Ext.P1 is a regular permit and its W.P.(C) No. 4324 of 2011 -: 2 :- validity is not challenged by any one. 4. There is no representation for respondents 6 and 7. A detailed counter affidavit has been filed. The only relevant contention raised in the counter affidavit is that the installation of a mobile tower would cause health hazards to the members of the local community. 5. The learned counsel for the petitioner submits that this contention is not tenable. The learned counsel relies on the precedents in Essar Telecom Infrastructure (P) Ltd., v. C.I. of Police [2010 (2) KLT 762) (FB)] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). Following the precedents, we find no merit in this objection. 6. We are satisfied, in these circumstances, that this petition can be allowed and appropriate directions can be issued. 7. In the result: (a) This writ petition is allowed. (b) Respondents 2 to 5 are directed to afford police protection to the petitioner for the construction of the mobile tower in accordance with Ext.P1 building permit issued by the 8th respondent Panchayat against any objection/obstruction that may be raised by respondents 6 and 7. W.P.(C) No. 4324 of 2011 -: 3 :- (c) Needless to say that this judgment is issued subject to all observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge