IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23512 of 2011(L) ------------------------------- PETITIONER(S): ----------------- 1. INDUS TOWERS LTD., CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH-47,PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL PREMAKRISHNAN NAIR. 2. SHIBU MATHEW, S/O.MATHEW, PALATHARA HOUSE, THURUTHY P.O.,CHANGANASSERY, KOTTAYAM DISTRICT. (PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY) BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------- 1. THE S.I. OF POLICE, KALPAKANCHERY, MALAPPURAM DISTRICT.-676505 2. THE C.I. OF POLICE, VALANCHERI, MALAPPURAM DISTRICT.-676505 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM.-676505 4. KALPAKANCHERRY GRAMA PANCHAYAT, KALPAKANCHERRY GRAMA PANCHAYAT OFFICE, KALPAKANCHERRY, MALAPPURAM DISTRICT-676551 REPRESENTED BY ITS SECRETARY. WP(C).No. 23512 of 2011(L) -2- 5. ABDUL SALAM, BHARANICKAL HOUSE, K.K. PARA, PARAMELA ANGADI, MALAPPURAM DISTRICT.-676551 6. ABDUL NASAR, S/O. MUHAMMED, CHANTHANASSERI HOUSE, K.K. PARA, PARAMELA ANGADI, MALAPPURAM DISTRICT.-676551 7. SHANAVAZ, S/O.SHAIK ABDURAHMAN, MYYERI HOUSE, K.K. PARA, PARAMELA ANGADI, MALAPPURAM DISTRICT.-676551 8. NOUSHAD, S/O. HAMSA, ADIYATIL HOUSE, K.K. PARA, PARAMELA ANGADI, MALAPPURAM DISTRICT.-676551 9. ABDUL SHUKOOR, S/O. HAMSA, ADIYATIL HOUSE, K.K. PARA, PARAMELA ANGADI, MALAPPURAM DISTRICT.-676551 10. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.-695001 11. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110001. ADV. SRI.K.K.MOHAMED RAVUF FOR R5-9 SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R11 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23512 of 2011(L) APPENDIX PETITIONERS' EXTS EXT.P1:- COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P2:- COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P3:- COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED10/01/08 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. EXT.P4:- COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. EXT.P4(a):- TYPED COPY OF EXT.P4. EXT.P5:- COPY OF THE COMMUNICATIONS SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P6:- COPY OF BUILDING PERMIT NO.194/10-11 DATED 26/07/2011 ISSUED BY THE 4TH RESPONDENT PANCHAYAT TO FIRST PETITIONER. EXT.P7:- COPY OF THE REPRESENTATION DATED 20/08/2011. EXT.P8:- COPY OF THE POSTAL RECEIPTS. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23512 of 2011 ------------------------------------------------ Dated this the 19th day of September, 2011 JUDGMENT Abdul Rehim, J Petitioner company is providing infrastructure facility to Telecom Service Providers. The petitioner is constructing a Mobile Tower (Base Transceiver Station) within the limits of the 4th respondent Panchayath, on the basis of Ext.P6 Building Permit. The complaint of the petitioner is that respondents 5 to 9, who claims to be neighbouring residents of the locality, is creating physical obstructions to the construction activities alleging that establishment of the Mobile Tower will cause health hazards to the neighbouring residents. 2. The issue now stands covered by decision of a Division Bench of this Court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2), KLT 516) . We find that as long as the petitioner is continuing construction of the Mobile Tower on the basis of a valid permit, the respondents 5 to 9 or anybody claiming under them have no manner of right to create any W. P. C. No.23512 of 2011 -2- physical obstructions to the construction activities. Even though the contesting respondents entered appearance through counsel and sought time for filing counter affidavit, we do not think that they are entitled to raise any objection of the petitioner continuing with the construction, based on the apprehended health hazards, as along as the Building Permit remains valid. 3. Therefore, we dispose of this Writ Petition directing respondents 1 and 2 to take effective steps to avert physical obstructions if any caused to the petitioner in continuing with construction of the Mobile Tower and to ensure protection for completing such construction, as long as Ext.P6 Building Permit remains valid. The police protection as directed above shall be afforded immediately on receipt of any request in this regard from the side of the petitioner. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.23512 of 2011 -3-