IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 9346 of 2011(P) -------------------------------- PETITIONER(S): ------------------- SHAJI MATHEW, PARTNER, PALATHRA CONSTRUCTIONS, CHANGANACHERRY (RESIDING AT PALATHRA HOUSE, THURUTHY P.O.,CHANGANASSERY, KOTTAYAM DISTRICT). BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------------- 1. THE SUB INSPECTOR OF POLICE, VEEYAPURAM, ALAPPUZHA DISTRICT-689622. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA-689622. 3. CHERUTHANA GRAMA PANCHAYAT, CHERUTHANA P.O., ALAPPUZHA DISTRICT REPRESENTED BY ITS SECRETARY-690563. 4. M.RAMACHANDRAN PILLAI, VATTAPARAMBIL VEETTIL, AYAPARAMBU P.O., CHERUTHANA VILLAGE, KARTHIKAPPALLY TALUK, PIN-690517. 5. SARATHCHANDRAN, S/O.RAMACHANDRAN PILLA, KOCHUTHOPPIL HOUSE, AYAPARAMBU P.O., KARUVETTA VIA, PIN-690517. 6. RADHAMMA, W/O.LATE SANGARA PILLAI, KOCHUTHOPPIL HOUSE, AYAPARAMBU P.O., PIN-690517. svs ............2/-... ...2... WPC.NO.9346/2011 7. KRISHNAKUMAR, ASWATHI BHAVAN, AYAPARAMBU P.O., PIN-690517. 8. AMBIKA, W/O.VASUDEVAN PILLAI, KOCHUTHOPPIL, AYAPARAMBU P.O., PIN-690517. 9. ABHILASH, S/O.KRISHNAKUMAR, ASWATHY BHAVAN, AYAPARAMBU P.O., PIN-690517. 10. VASANDAKUMARI, W/O.KRISHNAKUMAR, ASWATHI BHAVAN, AYAPARAMBU P.O., PIN-690517. 11. INDUS TOWERS LTD., CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR. 12. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 13. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110001. R1, R2 & R12 BY GOVT.PLEADER SRI.T.K.VIPINDAS R13 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 9346/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF BUILDING PERMIT NO.A4-7302/1031/2010 DATED 02/12/2010 ISSUED BY 3RD RESPONDENT PANCHAYAT. P2: COPY OF THE REPRESENTATION DATED 27/01/2011 SENT TO THE 1ST RESPONDENT. P3: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 27/01/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 9346 of 2011-P ------------------------------------------------- Dated this the 3rd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner to undertake the work of construction, installation and operation of a telecommunication tower as per Ext.P1 permit issued by the 3rd respondent in the property of the 4th respondent against any illegal obstructions/objections raised by respondents 5 to 10. 2. All respondents have been served. There is no appearance for respondents 3 to 10. 3. Ext.P1 is a regular permit. The same has been issued subject to conditions. There is no challenge against Ext.P1 by any one, submits the learned counsel for the petitioner. 4. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd., v. C.I. of Police [2010 (2) KLT 762) (FB)] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). 5. We are satisfied that in the absence of any objections W.P.(C) No. 9346 of 2011 -: 2 :- from any quarter and in the light of the principles laid down in the decisions referred above, the prayer of the petitioner can be allowed. 6. In the result: (a) This writ petition is allowed. (b) Respondents 1 and 2 are directed to afford adequate and sufficient police protection for the petitioner to undertake the work of construction, installation and operation of the telecommunication tower in accordance with Ext.P1 permit issued by the 3rd respondent in the property of the 4th respondent against any objections/obstructions raised by respondents 5 to 10. (c) We make it clear that the construction must be undertaken strictly in accordance with the terms of Ext.P1 permit and that this judgment is issued subject to all observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171). Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge