IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 1164 of 2010(U) ------------------------- PETITIONER(S): --------------- TOWER VISION INDIA (P) LIMITED MUSCAT TOWERS, 1ST FLOOR, S.A.ROAD, KADAVANTHRA-682020 REPRESENTED BY ITS ASST. MANAGER (LEGAL) MR. RASHY INDRAN. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM, MALAPPURAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE THIROOR, MALAPPURAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE TANUR CIRCLE OFFICE, MALAPPURAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, PARPPANAGADI POLICE STAATION, MALAPPURAM DISTRICT. 6. MR. ABDUL RAHEEM, S/O. VEERANKUNJI, THOTTATHIL HOUSE, PARAPPANAGADI.P.O., MALAPPURAM DISTRICT. 7. MR. THOTTATHIL VEERNKUNJI, S/O. AHAMMED, PARPPANAGADI.P.O., MALAPPURAM DISTRICT. 8. MR. ASHRAF, S/O. ABDUL HAJI, PULIKKALAKKATHU HOUSE, PARAPPANAGADI P.O., MALAPPURAM DISTRICT. 9. MR. ABDUL HAMEED.K.V. S/O. HAMSA, KADAPPATTU HOUSE, PARAPPANAGADI.P.O., MALAPPURAM DISTRICT. 10. PARAPPANAGADI GRAMA PANCHAYAT, PARAPPANAGADI.P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R5 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXHIBITS: EXT. P1 PHOTOCOPYOF THE BUILDING PERMIT DT. 3-12-2009 ISSUED BY THE PARAPPANANGADI GRAMA PANCHAYAT. EXT. P2 PHOTOCOPY OF THE REPRESENTATION AND RECEIPT DATED 31-12-2009 SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT. EXT.P3 PHOTOCOPY OF THE REPRESENTATION DATED 5-1-2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND TO 4TH RESPONDENT. EXT.P4 PHOTOCOPY OF THE INTERIM ORDER DATED 6-1-2010 IN WP(C) NO. 377/10 OF THIS COURT. EXT.P5 PHOTOCOPY OF THE OCCUPANCY CERTIFICATE / USE CERTIFICATE DATED 13-4- 2010 ISSUED BY THE PANCHAYAT EXT. P6 PHOTOGRAPHS SHOWING THE TELECOMMUNICATION TOWER AFTER THE COMPLETION OF THE CONSTRUCTION WORK. RESPONDENTS' EXHIBITS: NIL (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 1164 of 2010 ----------------------------------------------- Dated this the 12th day of August, 2011 J U D G M E N T Abdul Rehim, J. Petitioner has approached this Court seeking police protection for constructing a telecommunication tower, from not being obstructed by respondents 6 to 9. We notice that on 13-1-2010 this court had issued directions to take necessary steps for affording protection to remove obstruction if any caused, provided the petitioner is doing the construction under required licences and permissions from the authorities concerned. By the said order, the so called obstructors were permitted to conduct peaceful demonstration against establishment of the telecommunication tower. 2. It is noticed that, inspite of service of notice from this Court, the respondents 6 to 10 have not entered appearance nor they have contested the case. In IA. No. 13076/10 it is stated that the construction of the tower has already been completed and the Grama Panchayat had issued Ext. P5 completion/occupancy certificate. Through WP(C). 1164/10 -2- the said application, the applicant is seeking permission to energise the telecommunication tower, constructed based on the permit issued by the Panchayat. 3. We are of the considered opinion that if the telecommunication tower is constructed in accordance with the permit granted by the authorities concerned, there is no ground upon which energisation can be denied. 4. Therefore the writ petition is disposed of directing the authorities concerned to permit the petitioner to energise the telecommunication tower, after due procedural formalities, provided the telecommunication tower is constructed otherwise in accordance with the terms of the permits and licences granted. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-