IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 28619 of 2010(B) ------------------------- PETITIONER : --------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS MANAGER (LEGAL), MR.PRAMOD JAIJI. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KALADY CIRCLE OFFICE, ERNAKULAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, ERNAKULAM DISTRICT. 5. RAJU A.V., S/O.VIDYADHARAN, `AMPATTU', MANJAPRA P.O., ANGAMALY, PIN-683 581. 6. LALU.K.N, S/O.NARAYANAN, `KALIPARAMBIL', MANJAPRA P.O., ANGAMALY, PIN-683 581. ...2/- WP(C).No. 28619 of 2010(B) -2- 7. SURENDRAN, S/O.PAPPUKUTTAN, CHATHEDATHU HOUSE, MANJAPRA P.O., ANGAMALY, PIN-683 581. 8. JAYAKUMAR, S/O.PAPPUKUTTAN, CHATHEDATHU HOUSE, MANJAPRA P.O., ANGAMALY, PIN-683 581. 9. MOHANAN, S/O.NARAYANAN, MAMPILAYIL HOUSE, MANJAPRA P.O., ANGAMALY, PIN-683 581. 10. JOSE.P.P., PALATTY HOUSE, MANJAPRA P.O., ANGAMALY, PIN-683 581. 11. USHA, D/O.NARAYANAN, MAMPILAYIL HOUSE, MANJAPRA P.O., ANGAMALY, PIN-683 581. 12. BABY, S/O.DEVASSYKUTTY, THEKKANATHU HOUSE, MANJAPRA P.O., ANGAMALY, PIN-683 581. 13. ANNIE VARGHESE, W/O.VARGHESE, KORATTI KUNNEL HOUSE, MANJAPRA P.O., ANGAMALY, PIN-683 581. 14. SHAJI, S/O.VELAYUDHAN, `AMPATTU', MANJAPRA P.O., ANGAMALY, PIN-683 581. 15. MANJAPRA GRAMA PANCHAYATh, MANJAPRA, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SR. GOVT. PLEADER SRI. M.R. SABU R5 TO R14 BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY R15 BY ADV. SRI.ANOOP.V. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 28619 of 2010(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE BUILDING PERMIT DATED 28-8-2010 ISSUED BY THE MANJAPRA GRAMA PANCHAYAT. EXT.P2 : PHOTOCOPY OF THE REPRESENTATION DATED 8-9-2010 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P3 : PHOTOCOPY OF THE REPRESENTATION DATED 9-8-2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST. 2ND, 3RD AND 4TH RESPONDENTS. EXT.P4 : PHOTOCOPY OF THE INTERIM ORDER DATED 13-8-2010 IN WP(C) NO. 24045/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:28619 OF 2010 B ----------------------------------------------------------- Dated this the 27th May, 2011. JUDGMENT Basant, J. Petitioner has come to this Court with this petition for issue of directions under Art.226 to respondents 1 to 4 Police Officers to afford protection to the petitioner for the construction, installation and working of a mobile tower in accordance with Ext.P1 permit issued by the 15th respondent Panchayat 2. According to the petitioners though they have secured a valid permit under Ext.P1, respondents 5 to 14 are raising illegal objection and obstruction against the construction of the tower. It is in these circumstances that the writ petition is filed. 3. All respondents have been served. Respondents 5 to 14 are not represented before us when the matter came up for hearing. 15th Respondent has entered appearance. Counsel does not oppose the prayer in the petition. No counter affidavit has been filed by the party respondents. 4. Our attention has been drawn to the decision in Essar Telecom Infrastructure (P) Ltd. v. C.I. Of Police {2010(2) WPC 28619/2010 2 KLT 762 and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. Having considered all the relevant circumstances we are satisfied that the petitioner is entitled to an order of police protection subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. 5. In the result; a) This petition is allowed. b) Respondents 1 to 4 are directed to afford police protection to the petitioner for the construction, installation and operation of a mobile tower as permitted by Ext.P1 issued by the fifth respondent against any illegal obstructions that may be raised by respondents 5 to 14. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 28619/2010 3