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. 27381 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ TOWER VISION INDIA (P) LTD, 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 RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETRIAT, THIRUVANANTPAURAM.PIN-695 001 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM,MALAPPURAM DISTRICT.PIN-673 611 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, MALAPPURAM,MALAPPURAM DISTRICT.PIN-673 611 4. THE CIRCLE INSPECTOR OF POLICE, TIRURANGADI CIRCLE OFFICE, MALAPPURAM DISTRICT.673 611 5. THE SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION, MALAPPURAM DISTRICT. 6. PURUSHOTHAMAN (PURUSHU),S/O.KUNJATHAN KUTTY, KOLUPARAMBATH HOUSE, MUTTICHIRA P.O., MOONIYUR, MALAPPURAM DISTRICT-676 311. sts 2/- WP(C)NO.27381/2010 -2- 7. HANEEFA T.P., NEDUNKANDATHIL HOUSE, VELIMUKKU, MUTTICHIRA P.O., MOONNIYUR, MALAPPURAM DISTRICT-676 311. 8. POOKKADEN KUNJU MOHAMMED, S/O.ALAVI, MUTTIYARAKKIL HOUSE, MUTTICHIRA P.O., MOONNIYUR, MALAPPURAM DISTRICT-676 311. 9. MOONNIYUR GRAMA PANCHAYATH,MOONNIYUR, MALAPPURAM DISTRICT-676311, REPRESENTED BY ITS SECRETARY. R1 TO R5 BY GOVERNMENT PLEADER SRI.M.R.SABU R7 & R8 BY ADV. SRI.K.P.SUDHEER R9 BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR 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.27381/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT DATED 4/8/2010 ISSUED BY THE MOONNIYUR GRAMA PANCHAYATH. P2 COPY OF THE REPRESENTATION DATED 19/8/2010 AND RECEIPT DATED 24/8/2010 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. P3 COPY OF THE REPRESENTATION DATED 30/8/2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND , 3RD AND 4TH RESPONDENTS. P4 COPY 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.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.27381 of 2010-W ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 2 to 5 – police officials under respondent No.1, to afford 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 9th respondent. 2. According to the petitioner, respondents 6 to 8, members of the local public are raising illegal objections/obstructions to the undertaking of the construction and working of the mobile tower. 3. Respondents have been served. There is no appearance for respondents 6 to 8. For the 9th respondent panchayat, a counsel appears and does not raise any objection against the prayer. 4. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd. v. C.I of Police [2010 W.P(C) No.27381 of 2010-W 2 (2) KLT 762] and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. In the absence of any valid objection, we are satisfied that police protection can be granted to the petitioner as prayed for subject, of course, 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 Writ Petition is allowed; b) Respondents 2 to 5 are directed to afford protection to the petitioner for the construction, establishment and working of mobile tower as permitted under Ext.P1. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/