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. 33619 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------ VINOD KUMAR.S. AGED 35 YEARS, S/O.SUKUMARAN(PARTNER,VICHU CONSTRUCTIONS, PERUMPUZHA PO,KUNDARA, KOLLAM) BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------------------- 1. THE S.I.OF POLICE, ANCHALUMMOODU, KOLLAM DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THRIKKARUVA GRAMA PANCHAYAT, KANJAVELI P.O, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. ANSAR, ANSAR MANZIL, ASHTAMUDI MUKKU, ENJAVILA P.O, PERINADU, KOLLAM DISTRICT-691 601. 5. BABU, CHEPPALLIL KIZHAKETHIL, ASHTAMUDI MUKKU,ENJAVILA P.O, PERINADU, KOLLAM DISTRICT-691 601. 6. OOMMACHAN, MULACKAL KIZHAKETHIL, ASHTAMUDI MUKKU,ENJAVILA P.O, PERINADU, KOLLAM DISTRICT-691 601. 7. SHUKOOR, MUMTAZ MANZIL, ASHTAMUDI MUKKU,ENJAVILA P.O, PERINADU, KOLLAM DISTRICT-691 601. sts 2/- -2- WP(C)NO.33619/2010 8. INDUS TOWERS LTD, CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL,PREMAKRISHNAN NAIR. 9. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 10. 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. R1, R2 & R9 BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU R3 BY ADV. SRI.V.A.MUHAMMED SRI.V.K.GOPALAKRISHNAN R10 BY ADV. SMT.LALIZA. T.Y., C.G.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.33619/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.5162/2010 DATED 26/08/2010 ISSUED BY THE 3RD RESPONDENT PANCHAYAT TO 8TH RESP. P2 COPY OF THE REPRESENTATION DATED 10/09/2010 SUBMITTED BEFORE FIRST RESPONDENT. P3 COPY OF THE RECEIPT DATED 10/09/2010 ISSUED FROM THE OFFICE OF FIRST RESPONDENT. P4 COPY OF THE LETTER NO.T8/89000/06 DATED 30/10/2006 ISSUED BY THE DIRECTOR GENERAL OF POLICE, KERALA. P5 COPY OF THE REPORT SUBMITTED BY THE TECHNICAL COMMITTEE. P6 COPY OF THE LETTER DATED 11/09/06 ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM TO KUDAPPANAKUNNU GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:33619 OF 2010 B ----------------------------------------------------------- Dated this the 27th May, 2011. JUDGMENT Basant, J. 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 for undertaking the work of construction, installation and working of a mobile tower in accordance with Ext.P1 permit issued by the third respondent. According to the petitioner respondents 4 to 7 are raising illegal objection/obstruction to such construction, installation and operation of the tower. 2. All respondents have been served. There is no appearance for respondents 4 to 7, when the matter came up for hearing. We note that no counter affidavit has been filed by respondents 4 to 7. 3. Our attention has been drawn to Essar Telecom Infrastructure (P) Ltd. v. C.I of Police {2010(2) KLT 762 and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. Having considered all the WPC 33619/2010 2 relevant circumstances, we are satisfied that the petitioner is entitled for 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}. 4. In the result; a) This petition is allowed. b) Respondents 1 and 2 are directed to afford police protection to the petitioner for the construction, installation and working of a mobile tower in accordance with Ext.P1 permit issued by the third respondent against any illegal objections that may be raised by respondents 4 to 7. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 33619/2010 3