IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 17349 of 2011(P) ------------------------------------- PETITIONER(S): ------------------------ 1. M/S.RELIANCE COMMUNICATIONS, A AND P.ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHRA, COCHIN, REPRESENTED BY ITS CIRCLE MANAGER (LEGAL) AND AUTHORISED SIGNATORY, R.RAJA RAJA VARMA. 2. M/S.RELIANCE INFRATEL LTD., A AND P.ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHRA, COCHIN, REPRESENTED BY ITS CIRCLE MANAGER (LEGAL) AND AUTHORISED SIGNATORY, R.RAJA RAJA VARMA.(MEMBER OF ANIL DHIRUBAI AMBANI GROUP OF COMPANIES). BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, PERINTALMANNA POLICE STATION, MALAPPURAM DISTRICT, PIN 678 322. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT-678 322. 3. THE DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT-676 505. 4. N.ABOOBACKER, NECHIYIL HOUSE, NEAR ALSHIFA HOSPITAL, PERINTHALMANNA, MALAPPURAM DISTRICT-678 322. 5. THE PERINTHALMANNA MUNICIPALITY, MALAPPURAM-678 322, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17349/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION S.O. 382/1999 DTD. 24.5.1999. P2:- COPY OF THE RELEVANT PAGES OF THE LICENSE AGREEMENT ENTERED between THE IST PETITIONER AND THE GOVERNMENT OF INDIA DTD. 20.7.2001. P3:- COPY OF THE NOTIFICATION S.O. 170(E) DT. 4.2.2002. P4:- COPY OF THE BUILDING PERMIT NO. BA. 52/09 -10 ISSUED BY THE 5TH RESPONDENT DTD. 27.5.2009. P5:- COPY OF THE COMPLAINT DTD. 17.5.2011 . P6:- COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT DTD. 30.5.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY O.A. TO JUDGE tss PIUS.C.KURIAKOSE & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) No.17349 of 2011-P -------------------------------------------------------- Dated this, the 5th day of July 2011 Judgment Pius.C.Kuriakose, J. All the respondents have been duly served with notice by special messenger. Except the official respondents 1 to 3, nobody has entered appearance before this court. Significantly, there is no contest from the fourth respondent, who is objecting to the construction and energisation of the Base Transceiver Stations by the petitioner companies. Having regard to the submissions addressed at the Bar and also the principles laid down by the Division Bench of this court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2) KLT 516), it has to be held that the apprehensions, if any expressed by the fourth respondent that the energisation of the towers will result in health hazards, have to be taken to be unfounded. We are, hence, inclined to grant the reliefs sought for in this Writ Petition. Accordingly, we dispose of WP(C) No.17349/11 2 this Writ Petition, directing respondents 1 to 3 to provide sufficient police protection to the petitioner for carrying out the installations and the energisation of the Base Transceiver Stations and its ancillary units in Survey No.100/1 of Perinthalmanna Village, Perinthalmanna Taluk, Malappuram District, belonging to Sri.Muhammed Musthafa, based on Ext.P4 permit and for transmission from the tower without any threat or hindrance from the fourth respondent and men acting under him. PIUS.C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE sta WP(C) No.17349/11 3