IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30228 of 2011(C) -------------------------------------- PETITIONERS: --------------------- 1. INDUS TOWERS LTD, CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH 47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL PREMAKRISHNAN NAIR. 2. SHIBU MATHEW,S/O.MATHEW,PALATHARA HOUSE, THURUTHY P.O, CHANGANASSERY, KOTTAYAM DISTRICT, (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY). BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENTS: ------------------------ 1. THE S.I. OF POLICE, PERUNADU POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689 645. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PIN - 689 645. 3. VADASSERIKKARA GRAMA PANCHAYAT, VADASSERIKKARA, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 689 662. 4. MOHANAN PILLAI, PLAVUNILKUNNATHIL, PEZHUMPARA.P.O., 10TH BLOCK, VADASSERIKKARA, PATHANAMTHITTA DISTRICT, PIN - 689 662. 5. SHAMSUDEEN, S/O. MEERA SAHIB, AREECKAL PUTHENPURACKAL, PEZHUMPARA.P.O., 10TH BLOCK, VADASSERIKKARA, PATHANAMTHITTA DISTRICT, PIN - 689 622. 6. KAMALAHASAN, BANERJI BHAVAN, PEZHUMPARA.P.O., 10TH BLOCK, VADASSERIKKARA, PATHANAMTHITA DISTRICT, PIN - 689 662. W.P.(C).NO.30228/2011-C: 7. MEERA, SAMBATHAN VEEDU, PEZHUMPARA.P.O., 10TH BLOCK, VADASSERIKKARA, PATHANAMTHITA DISTRICT, PIN - 689 662. 8. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRRETARIAT, THIRUVANANTHAPURAM, PIN - 695 010. 9. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI - 110 001. R1, R2 & R8 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER, R9 BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30228/2011-C: APPENDIX PETITIONERS' EXHIBITS:- EXT.P.1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.3: COPY OF THE REGISTRATION CERTIFICATE NO. 177/2008 DTD. 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXT.P.4: COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P.4.A: COPY OF THE EXT.P.4. EXT.P.5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P.6: COPY OF THE BUILDING PERMIT DTD. 27/06/2007 ISSUED BY THE R.4. PANCHAYAT. EXT.P.7: COPY OF THE REPRESENTATION DT.D 02/11/2011 SUBMITTED BEFORE THE R.1. EXT.P.8: COPY OF THE POSTAL RECEIPTS. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.30228 of 2011 -------------------------------------------------- Dated this the 18th day of November, 2011 J U D G M E N T K.Harilal, J The 1st petitioner is a company registered under the Companies Act and the company is engaged in providing infrastructure facilities to the Department of Telecommunication, Ministry of Communications & IT, Government of India etc. The company is entrusted with installation, maintenance, up gradation and other allied works of the tower constructed in the property comprised in Sy.No.295/10 of Vadasserikkara village, Ranny Taluk, Pathanamthitta District. 2. The grievance of the petitioners is that the respondents 4 to 7 and their men had obstructed transmission and maintenance works of the tower on mistaken assumption that function of the tower will cause health hazards. Therefore in view of the above apprehension the petitioners sought for police protection to do installation works, maintenance and up gradation works of the mobile transmission tower. Though notice has been issued against respondents 4 to 7, they have not W.P(C) No.30228 of 2011 2 entered appearance and thereby allegations put forward in the writ petition stands unchallenged. Therefore, in view of the decision rendered by this Court in ESSAR Telecom Infrastructure (P) Ltd. V. State of Kerala (2011(2) KLT 516) , we are inclined to grant police protection to the petitioners as prayed for. 3. The respondents 1 and 2 are directed to provide sufficient police protection to the petitioners and their workers to enter into the property situated in Survey No.295/10 of Vadasserikkara Village, Ranny Taluk, Pathanamthitta District and to install all equipments enabling the petitioners to share the tower constructed with other service providers and also to maintain and modernise the tower without any threat or obstruction from respondents 4 to 7 or any others under them. The Writ Petition stands allowed. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K.HARILAL JUDGE //True Copy// ab P.A to Judge W.P(C) No.30228 of 2011 3