IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 31537 of 2011(N) -------------------------- PETITIONER(S): --------------- ASHTEC CONTRACTORS PVT.LTD., GREAT LAND,UGRAPURAM PO,AREECODE, MALAPPURAM REPRESENTED BY ITS MANAGING DIRECTOR MAHABOOB.C BY ADV. SRI.P.R.AJITHKUMAR SRI.K.MANOJ CHANDRAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM 676 505. 2. THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION,VENGARA, MALAPPURAM DISTRICT 676 304. 3. VIJAYAN,S/O.CHINNAN, CHALIYATH (H),AMBEDKAR COLONY,KUTTOOR NORTH PO, KUTTOOR NORTH, MALAPPURAM DISTRICT 676 305. 4. AYYAPPAN.N.K,S/O.KARIKKUTTY, AMBEDKAR COLONY,KUTTOOR NORTH PO, KUTTOOR NORTH, MALAPPURAM DISTRICT 676 305. 5. RAVI.N.P,S/O.KOTTANKUTTY, AMBEDKAR COLONY,KUTTOOR NORTH PO, KUTTOOR NORTH, MALAPPURAM DISTRICT 676 305. 6. KANNAMANGALAM GRAMA PANCHAYATH, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, 676 318. ADV. SRI.RAJIT FOR R6 GOVT.PLEADER (SR.) SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31537/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT NO. B2.4998/001/11-12 DATED 24/05/2011. RCY.P2: COPY OF THE SITE PLAN APPROVED BY THE KANNAMANGALAM GARAMA PANCHAYATH. EXT.P3: COPY OF THE LEASE AGREEMENT DATED 14/4/2011. EXT.P4: COPY OF THE RELEASE ORDER DATED 25/5/2011. EXT.P5: COPY OF THE LETTER DATED NIL ISSUED BY THE INDUS TOWERS LTD. EXT.P6; COPY OF THE COMPLAINT DATED NIL. EXT.P7: COPY OF THE RECEIPT DATED 5/7/2011. EXT.P8: COPY OF THE ORDER DATED 15/9/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 31537 OF 2011 ------------------------ Dated this the 9th day of December, 2011 JUDGMENT Harilal, J. The petitioner is a private limited company engaged in the field of civil constructions and related services. The petitioner has entered into a contract with M/s. Indus Towers Ltd., a service provider, for erecting mobile transmission towers in various parts of Kerala. Now, the police protection is sought for construction of a mobile transmission tower in the properties situated in Survey No.311/4 in Kannamangalam Village, Tirurangadi Taluk. 2. The petitioner has obtained all statutory permits and licenses for the construction of the mobile tower. Ext.P1 is the building permit issued by the 6th respondent - Grama Panchayat and Ext.P2 is the true copy of the site plan. The grievance of the petitioner is that respondents 3 to 5 and their men are illegally obstructing the normal functioning and of the construction site on a mistaken belief that the mobile tower will cause health hazards to the local people. The learned counsel for the petitioner submits that respondents 3 to 5 had no right to W.P.(C) No. 31537 /2011 2 obstruct to the construction of the mobile tower. Though notice had been issued against respondents 3 to 5, they have not entered appearance and the allegations put forward in the writ petition stands undisputed. In the above circumstances, in view of the decision reported in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171) , we are inclined to grant police protection for the construction of the mobile tower. 3. Therefore, respondents 1 and 2 are directed to afford adequate and effective police protection for the construction of the mobile transmission tower in the property situated in Survey No. 311/4 in Kannamangalam Village, Tirurangadi Taluk against the illegal and unwarranted threat from respondents 3 to 5 and their henchmen. The writ petition stands allowed. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 31537 /2011 3