IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 12725 of 2011(M) ---------------------------------------- PETITIONER(S): ------------------------ 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. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR, ERNAKULAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, KURUPPUMPADY, ERNAKULAM DISTRICT 5. THE SUB INSPECTOR OF POLICE, KURUPPUMPADY, ERNAKULAM DISTRICT. 6. JOSE, S/O. PAPPACHAN, AGED ABOUT 45 YEARS, KAVANAMALIL HOUSE, PULLUVAZHY.P.O, PULLUVAZHY, ERNAKULAM DISTRICT. sts 2/- -2- WP(C)NO.12725/2011 7. PAUL, S/O. PAPPACHAN, AGED ABOUT 30 YEARS, KAVANAMALIL HOUSE, PULLUVAZHY.P.O, PULLUVAZHY, ERNAKULAM DISTRICT. 8. RAYAMANGALAM GRAMA PANCHAYATH, RAYAMANGALAM.P.O, KURUPPUMPADY, ERNAKULAM DISTRICT, PIN - 683 549, REPRESENTED BY ITS SECRETARY. R1 TO R5 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA R6 & R7 BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN R8 BY ADV. SRI.N.K.KARNIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.12725/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT OF THIS COURT DATED 09/02/2011 IN WRIT PETITION NO.783 OF 2011. P2 COPY OF THE BUILDING PERMIT DATED 22/3/2011 ISSUED BY THE RAYAMANGALAM GRAMA PANCHAYATH. P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 24/3/2011. P4 COPY OF THE REPRESENTATION DATED 30/3/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 5. P5 COPY OF THE INTERIM ORDER DATED 8/4/2011 IN WP(C)NO.10473/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: R6(A) COPY OF THE MASS REPRESENTATION PRODUCED BEFORE THE 8TH RESPONDENT DATED 1/7/2010. R6(B) COPY OF THE APPEAL NO.3952/2011 DATED 8/4/2011. R6(C) COPY OF THE STAY PETITION NO.3953/2011 DATED 8/4/2011 TO THE PANCHAYATH PRESIDENT. R6(D) COPY OF THE STAY ORDER NO.1/2011 DATED MAY 2011 ISSUED BY THE PANCHAYATH PRESIDENT. R8(A) COPY OF THE ORDER NO.1/2011 DATED 3/5/2011 ISSUED BY THE PRESIDENT OF RAYAMANGALAM GRAMA PANCHAYATH. /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.12725 of 2011 ------------------------------------------- Dated this the 13th June, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions to the police to afford police protection for construction, installation and operation of a telecommunication tower in accordance with Ext.P2 permit issued by the Grama Panchayat, i.e.respondent No.8. 2. Respondent No.8 has entered appearance. A contention is raised that a stop memo has been issued and the petitioner is not in these circumstances entitled to undertake the construction. 3. Confronted with that stand of the 8th respondent, the learned counsel for the petitioner submits that no directions of police protection can and are now sought. The right of the petitioner to challenge the stop memo issued by the Panchayat may not be fettered. The option of the petitioner to come again to this Court after taking WPC No.12725/2011 2 action to set aside the stop memo may be left open. 4. We accept the request of the learned counsel for the petitioner. This writ petition is accordingly dismissed. SD/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE