IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 35700 of 2009(F) -------------------------- PETITIONER(S): --------------- M/S. ESSAR TELECOM INFRASTRUCTURE (P)LTD 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN-682017. REPRESENTE BY DEPUTY MANAGER (LEGAL AND SITE ACQUISITION) MR. BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER OF POLICE KOZHIKKODU CITY-SOUTH, NEAR 2ND GATE, KOZHIKODE. 2. THE CIRCLE INSPECTOR OF POLICE CHERUVANNOOR-NALLALAM POLICE STATION, KOZHIKKODU DISTRICT. 3. THE SUB INSPECTOR OF POLICE, CHEYVNNOOR NALLALAM POLICE STATION, KOZHIKKODU DISTRICT. 4. MR. N.T.BALAN, S/O. CHATHU, JANDADI THODIYIL CONVENOR, ANTI VODOPHONE ACTION COMMITTEE PATHEERANKAVU.P.O., PAYYADIMEETHAL, KOZHIKKODE. 5. MR. K.ASHOKAN, S/O. SANKARN, KNNANCHERY HOUSE, PANTHEERANKAVU.P.O., PAYYADIMEETHAL, KOZHIKKODU. 6. MR. N.V.BALAN NAIR, S/O. NARAYAN NAIR, NAMBILI VEETTIL, PANTHEERANKAVU.P.O., PAYYADIMEETHAL, KOZHIKKODU. 7. MR. SADANANDAN, S/O. CHATHUKUTTY, KIZHAKKUMPADATHU HOUSE, PANTHEERANKAVU.P.O., PAYYADIMEETHAL,KOZHIKKODU. 8. PERUMANNA GRAMA PANCHAYAT(SPL.GRADE), PERUMANNA.P.O., PIN-673026, KOZHIKKODU DISTRICT REPRESENTED BY ITS SECRETARY. ADV. SRI.JACOB ABRAHAM FOR R4-6 SMT.KOCHUMOL KODUVATH FOR R4-6 BY GOVT.PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 35700 OF 2009 ------------------------ Dated this the 20th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. The writ petition is disposed of confirming the interim order dated 10/12/2009, as it is submitted by the learned counsel for the petitioner that the construction of the tower is completed. The learned counsel requested,on the basis of the I.A. No.14807/2010, that the petitioner be permitted to energise the telecommunication tower already constructed based on Ext.P11 permit. The above request is not opposed by anybody. We allow that application. The petitioner is permitted to energise the tower. If any obstruction is caused by any of the party respondents to the functioning of the tower, the 3rd respondent shall take appropriate action to ensure that the tower functions smoothly. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk