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 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24752 of 2011(T) ----------------------- 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 SUPERINTENDENT OF POLICE, PALAKKAD-678001. 2. DEPUTY SUPERINTENDENT OF POLICE, TIRUR-676101. 3. SUB INSPECTOR OF POLICE, CHALISSERY-679536. 4. CHALISSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHALISSERY.P.O, PIN-679536. 5. MURALEEDHARAN, AGED 43 YEARS, S/O.BALACHANDRAN, KIZHAKKUMPATTILPANOLIL VEEDU, KOTTANAD, ESTATE, CHALISSERY-679536, PALAKKAD. 6. RAJAN,AGED 35 YEARS, KUMMAMKOTTU HOUSE, KOOTTANAD, CHALISSERY.P.O,-679536, PALAKKAD. ..2.. WP(C).No. 24752 of 2011 -2- 7. BALAN,AGED 52 YEARS,S/O.VELAI, CHAKKADI VEEDU,KOOTTANAD,CHALISSERY.P.O, 679536, PALAKKAD. 8. KRISHNAN,AGED 42 YEARS,S/O.CHATHA, ADIMANAPARAMBIL VEEDU,BANGALOWKUNNU,KOOTTANAD, CHALISSERY.P.O,-679536. 9. SURESH,AGED 38 YEARS,S/O.DAMODHARAN, KAIPRA VEEDU,BANGALOWKUNNU COLONY,KOOTTANAD, CHALISSERY.P.O.-679536,PALAKKAD. 10. BASHEER, AGED 40 YEARS, S/O.KUNJIPPA, CHERATHUVALAPPIL VEEDU, BANGALOWKUNNU COLONY, KOOTTANAD, CHALISSERY.P.O,-679536, PALAKKAD. 11. MOHANAN,AGED 55 YEARS,S/O.GOVINDAN, KUNNATHERI PARAMBIL VEEDU,BANGALOWKUNNU COLONY, KOOTTANAD,CHALISSERY.P.O.-679536.PALAKKAD. 12. SURESH,AGED 28 YEARS,S/O.BABU, PADINJAREVETTIL,BANGALOWKUNNU COLONY,KOOTTANAD, CHALISSERY.P.O.-679536.PALAKKAD. 13. RENJITH, AGED 30 YEARS,S/O.RAJAGOPALAN, CHURUKODU VEEDU,BANGALOWKUNNU COLONY,KOOTTANAD, CHALISSERY.P.O.-679536.PALAKKAD. 14. SURESH,AGED 37 YEARS,S/O.ACHUTHAN NAIR, NAYATTIL VEEDU,BANGALOWKUNNU COLONY,KOOTTANAD, CHALISSERY.P.O.-679536.PALAKKAD. 15. SURENDRAN,AGED 30 YEARS,S/O.DAMODARAN, KAIPRA VEEDU,BANGALOWKUNNU COLONY,KOOTTANAD, CHALISSERY.P.O.-679536.PALAKKAD. 16. BABU, AGED 39 YEARS, S/O.KASIM SAHEEB, PANIKKAVEETTIL, BANGALOWKUNNU COLONY,KOOTTANAD, CHALISSERY.P.O.-679536.PALAKKAD. 17. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 18. 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. R18 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24752 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASST. REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P2 : COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASST.REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P3 : COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DTD.10.1.2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXT.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. EXT.P4(a):TYPED COPY OF EXHIBIT P5. EXT.P5 : COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P6 : COPY OF BUILDING PERMIT NO.BL.3477/11 DTD.29.7.11 ISSUED BY THE 4TH RESPONDENT. EXT.P7 : COPY OF THE REPRESENTATION DTD.3.9.2011 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8 : COPY OF THE RECEIPT DTD. 22.8.2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS- NIL True copy P.A to Judge AMG PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------------------ W.P (C) No.24752 OF 2011 ------------------------------------------------------ DATED THIS THE 20th DAY OF SEPTEMBER, 2011 JUDGMENT Pius C. Kuriakose, J: This writ petition is filed by a Company who provides telecom services seeking police protection to the petitioners, their agents and workers for construction of mobile base energising receiving station. On consideration of the writ petition for admission this Court passed an interim order in the following terms: “3. If the petitioners possess a valid building permit issued by the local authority concerned for the construction of the mobile base transceiver station and a licence from the Department of Telecommunications and if no prohibitory order has been issued by the competent civil court or any statutory authority restraining the petitioners from proceeding with the construction of the mobile base transceiver station and the local authority has not cancelled the building permit or issued a stop memo, the third respondent shall, in the event of any obstruction being caused to the construction of the mobile base transceiver station grant adequate police protection to the petitioners to proceed with the construction of the mobile base transceiver station. The petitioners shall not however, commission the mobile base transceiver station until further orders. The party respondents, who are objecting to the W.P (C) No.24752/2011 -2- construction of the mobile base transceiver station, will be free to carry out peaceful demonstrations against the construction, but shall not cause any physical obstruction to the construction or commit any act of waste.” 2. Even though the party respondents have served with notice they have not come forward to resist this writ petition or to show cause as to why the interim order should not be confirmed. We therefore confirm the interim order and dispose of the writ petition accordingly. Sd/- PIUS C. KURIAKOSE, JUDGE. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge