IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 29041 of 2011(E) ------------------------------- PETITIONER(S): ------------------ VIOM NET WORKS LTD.,REGISTERED OFFICE AT 5TH FLOOR, GOWRA TRINITY,CHIRAN FORT LANE, BEGUMPET,SECUNDERABAD 500 003, ANDN CIRCLE OFFICE AT J & CO.CHAMBERS, MANIMALA ROAD, EDPPALLY,COCHIN -24,THROUGH ITS AUTHORIZED SIGNATORY MR.M.SANTHOSH KUMAR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE, KILIKOLLUR POLICE STATION,KILIKOLLUR , KOLLAM 691 004. 2. SALIM,KARUVILA VEEDU,UNIVERSAL NAGAR, KILIKOLLUR , KOLLAM 691 004. 3. SHAJI,VELLAVIL VEEDU, UNIVERSAL NAGAR,KILIKOLLUR , KOLLAM 691 004. 4. ABDURAHIM,KAMPATHU VEEDU, UNIVERSAL NAGAR,KILIKOLLUR , KOLLAM 691 004. WP(C).No. 29041 of 2011(E) -2- * ADDL. R5 KOLLAM CORPORATION, REP. BY THE SECRETARY, KOLLAM *[ADDL. R5 IS IMPLEADED SUO MOTU AS ADDITIONAL RESPONDENT NO.5 AS PER ORDER OF THIS COURT ON 16/11/11] ADV. SRI.SIBY MATHEW FOR R2-4 SRI.PHILIP J.VETTICKATTU FOR R2-4 SRI.B.PREMNATH (E) FOR R2-4 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29041 of 2011(E) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE AGREEMENT DT.04/08/04. EXT.P2:- TRUE COPY OF the PERMIT DT.04/08/04 ISSUED BY KOLLAM CORPORATION. EXT.P3:- TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.15/10/11. EXT.P4:- TRUE COPY OF THE ACKNOWLEDGMENT OF EXT.P3. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.29041 of 2011 ------------------------------------------------ Dated this the 16th day of November, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition under Article 226, the petitioner/ Company seeks police protection for installation of new machineries in the Base Transceiver Station which is already constructed way back in 2005. Protection is also sought for maintaining the existing tower. It is submitted by Sri.Philip Joseph Vettikat appearing for the party respondents that installation of new machineries will require permit from the Corporation in terms of Section 448 of the Municipalities Act. It is submitted by the learned counsel for the petitioner that the issue whether installation permit under Section 233 is necessary in respect of Base Transceiver Stations for telecommunication towers is itself an issue. It has been held W. P. C. No.29041 of 2011 -2- by this Court in various decisions that the local authority concerned can decide whether such permit is necessary. 2. Having considered the submissions addressed, we dispose of the Writ Petition directing the additional 5th respondent to decide the issue whether their permit is necessary for the petitioner in the matter of installing new machineries in the existing Base Transceiver Stations. The decision will be taken by the additional 5th respondent with notice to the petitioner as well as respondent Nos.2 and 3. If the decision of the additional 5th respondent comes to be in favour of the petitioner/Company the 1st respondent shall afford adequate protection to the installation of the new machineries on the strength of the permission granted by the additional 5th respondent (the decision of the additional 5th respondent) in case such installation is obstructed by respondent Nos.2 and 3. The Writ Petition is disposed of. 3. Sri.Philip submits that the generator installed by the W. P. C. No.29041 of 2011 -3- petitioner Company has power more than what is permitted. It is open to the party respondents to bring this aspect to the notice of the local authority. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. To Judge