IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 29985 of 2010(W) ---------------------------------- PETITIONER(S): ------------------- 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 MATHEW RESPONDENT(S): --------------------- 1. THE S.I.OF POLICE, PERUMBAVOOR. 2. THE C.I.OF POLICE, PERUMBAVOOR. 3. THE SUPERINTENDENT OF POLICE, ERNAKULAM. 4. VENGOLA GRAMA PANCHAYAT VENGOLA, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 5. A.V.MATHEW, S/O.VARKEY, AYATHUKUDY HOUSE, VALAYANCHIRANGARA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554. svs ..........2/-... ...2... WPC.NO.29985/2010 6. TOMMY, S/O.AVARRA, AYATHUKUDY HOUSE, VALAYANCHIRANGARA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554. 7. KURIACHAN, S/O.AVARRA, AYATHUKUDY HOUSE, VALAYANCHIRANGARA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554. 8. K.V.THOMAS, S/O.VARGHESE, KOLLARAMALLI, VALAYANCHIRANGARA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554. 9. BABY, S/O.KORAH, MUTHIVELI HOUSE, VALAYANCHIRANGARA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554. 10. RENU GOPAL, ADVOCATE, S/O.GOPALAN, PURAKKADA HOUSE, VALAYANCHIRANGARA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554. 11. MATHAI, S/O.CHERIAN, POOVATHAI HOUSE, VALAYANCHIRANGARA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554. 12. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 13. 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 TO R3, R12 BY GOVT.PLEADER SRI.T.K.VIPINDAS R4 BY ADV. SRI.SIRAJ KAROLY R6-11 BY ADV. SRI.S.RENJITH R13 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29985/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P3: COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATION & IT, DEPARTMENT OF TELECOMMUNICATIONS. P4: 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. P4(a):COPY OF EXHIBIT P4. P5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (C.S.-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. P6: COPY OF BUILDING PERMIT NO.B.5968/10 DATED 31/05/2010 ISSUED BY THE 4TH RESPONDENT PANCHAYAT TO FIRST PETITIONER BUILDING PERMIT. P7: COPY OF THE REPRESENTATION DATED 30/06/2010 SUBMITTED BEFORE 3RD RESPONDENT. P8: COPY OF POSTAL RECEIPTS. P9: COPY OF THE INTERIM ORDER DATED 27/07/2010 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN I.A. NO.921/2010 IN APPEAL NO.651/2010. P10: COPY OF THE REPORT SUBMITTED BY THE TECHNICAL COMMITTEE BEFORE THE GOVERNMENT. svs ..........2/-.... ....2.... WPC.NO.29985/2010 RESPONDENT'S EXHIBITS: R6(a):COPY OF THE REPRESENTATION DATED 18/06/2010 SUBMITTED TO THE 1ST RESPONDENTS. R6(b):COPY OF THE SETTLEMENT DATED 30/06/2010 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS. R6(c):COPY OF THE APPEAL DATED 08/07/2010 OF TO THE STANDING COMMITTEE PREFERRED BY THE RESPONDENTS. R6(d):COPY OF THE SHOW CAUSE NOTICE DATED 08/07/2010 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS. R6(e):COPY OF THE ORDER DATED 20/07/2010 ISSUED BY THE PANCHAYATH TO THE PETITIONERS. /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 29985 of 2010 --------------------------------- Dated this the 12th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. This writ petition is filed seeking police protection for the construction of mobile telecommunication base tower. Party respondents objected the construction of the mobile tower. The issue is covered in favour of the petitioner by a decision of this court in Reliance Telecommunications Ltd. vs. S.I.of Police (2010(2) ILR 592(FB). The writ petition is allowed. Respondents 1 to 3 are directed to grant adequate police protection to the petitioners for the construction of mobile tower and also to the KSEB in the matter of electricity connection to the tower already constructed. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) 2