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. 15498 of 2010(J) --------------------------------------- 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. VINOD KUMAR.S., AGED 35 YEARS, S/O. SUKUMARAN, VINOD BHAVAN ANNEXE, PERUMPUZHA.P.O., KUNDARA, KOLLAM. (PARTNER, VICHU CONSTRUCTIONS, PERUMPUZHA.P.O. KUNDARA, KOLLAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ---------------------------- 1. THE SUB INSPECTOR OF POLICE, KUTHIATHODE, ALAPPUZHA. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. KUTHIATHODE GRAMA PANCHAYAT, KUTHIYATHODE, ALAPUZHA. REPRESENTED BY ITS SECRETARY. 4. HENRY JOSEPH, PALLIPARAMBIL, PALLITHODU, CHERTHALA, ALAPPUZHA. 5. BOSE JOSEPH, PALLIPARAMBIL, PALLITHODU, CHERTHALA, ALAPPUZHA. 6. RAJU VARGHESE, CHELAKADU HOUSE, PALLITHODU, CHERTHALA, ALAPPUZHA. 7. KUNJAPPAN JOSEPH, VALIYAVETTIL, PALLITHODU, CHERTHALA, ALAPPUZHA. sts 2/- -2- WP(C)NO.15498/2010 8. THANKACHAN JOSEPH, VALIYAVETTIL, PALLITHODU, CHERTHALA, ALAPPUZHA. 9. PRAKASHAN JOSEPH, VALIYAVETTIL, PALLITHODU, CHERTHALA, ALAPPUZHA. 10. TENSON JOSEPH, CHARANGODE HOUSE, PALLITHODU, CHERTHALA, ALAPPUZHA. 11. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 12. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001. R1 & R2,R11 BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU R3 BY ADV. SRI.P.SANTHOSH KUMAR (TR) R4 TO R10 BY ADV. SRI.K.N.GOVINDANKUTTY MENON R12 BY ADV. SRI.M.RAJEEV, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.15498/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA. P2 COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL TERRITORY OF DELHI AND HARYANA. P3 COPY OF TE REGISTRATION CERTIFICATE NO.177/2008 DATED 10/01/2008 ISSUED BY THE MINISTRY OFCOMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS. 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. P4(A) COPY OF THE EXHIBIT P4 P5 COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. P6 COPY OF THE BUILDING PERMIT DATED 18/2/2010 ISSUED BY THE 3RD RESPONDENT PANCHAYAT. P7 COPY OF THE REPRESENTATION DATED 07/05/10 SUBMITTED BEFORE THE 1ST RESPONDENT. P8 COPY OF THE RECEIPT DATED 07/05/10 ISSUED BY FIRST RESPONDENT. P9 COPY OF THE ORDER DATED 23/04/2010 IN WP(C)NO.13599/2010. P10 COPY OF THE JUDGMENT DATED 12/10/09 PASSED IN WP(C)NO.27437/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.15498 of 2010-J ***************************** Dated this the 27th day of May, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 to afford protection to the petitioners to undertake the work of construction of a mobile tower and to work the same as permitted under Ext.P6 permit issued by the 3rd respondent. It is the case of the petitioners that respondents 4 to 10 are raising illegal objections/obstructions to such work. 2. All respondents have been served. There is no appearance for the party respondents. No counter affidavit is filed. 3. Our attention has been drawn to the decisions in 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]. We are satisfied that subject to the observations in Essar Telecom Infrastructure W.P(C) No.15498 of 2010-J 2 (P) Ltd. v. State of Kerala [2011 (2) KHC 171], police protection can be granted to the petitioners. 4. In the result: a) This Writ Petition is allowed; b) Respondents 1 and 2 are directed to afford protection to the petitioners for the construction and establishment of telecommunication tower as permitted under Ext.P6. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/