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. 15335 of 2010(N) --------------------------------------- PETITIONER(S): --------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA-682 020, REPRESENTED BY ITS ASST. MANAGER (LEGAL), MR.RASHY INDRAN. BY ADV. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DY. SUPERINTENDENT OF POLICE, PERUMBAVOOR, ERNAKULAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, ANGAMALY, ERNAKULAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT. WP(C).No. 15335 of 2010(N) 6. JINSON, S/O.JOSE, KALLELIL HOUSE, CHEMPANOOR, ANGAMALY, ERNAKULAM DISTRICT. 7. JOY, CHENGAD HOUSE, CHEMPANOOR, ANGAMALY, ERNAKULAM DISTRICT. 8. ANGAMALY MUNICIPALITY, ANGAMALY, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R5 BY SR. GOVT. PLEADER MR.M.R. SABU. R8 BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE, ADV. SRI.S.SHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15335 of 2010(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT DATED 29/03/2010 ISSUED BY THE ANGAMALY MUNICIPALITY. EXT.P2: COPY OF THE REPRESENTATION DATED 20/04/2010 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P3: COPY OF THE NOTICE ISSUED BY THE MUNICIPALITY DATED 13/04/2010. EXT.P4: COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE NOTICE BEFORE THE 8TH RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 06/05/2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE INTERIM ORDER DATED 04/05/2010 IN WP(C) NO. 14313/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.15335 of 2010-N ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking police protection for undertaking the work of construction, establishment and working of a mobile tower as permitted under Ext.P1. It is the case of the petitioner that respondents 6 and 7 are raising illegal objections against the construction of the tower. 2. 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]. 3. Though respondents 6 to 8 are served, there is no representation for them. No counter affidavit has been filed. In the light of the decision in the two precedents referred above, we are satisfied that the petitioner is entitled for police protection to undertake the construction, installation and working of the mobile tower. Needless to say, the protections granted shall be subject to conditions stipulated in Essar W.P(C) No.15335 of 2010-N 2 Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171]. 4. In the result: a) This Writ Petition is allowed; b) Respondents 2 to 5 are directed to afford police protection to the petitioner to undertake the construction, installation and working of the mobile tower as per Ext.P1 against any objections that may be raised by respondents 6 and 7. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/