IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 23284 of 2011(I) -------------------------- PETITIONER(S): --------------- M/S.ATC (AMERICAN TOWER CORPORATION) TELECOM TOWER CORPORATION (P) LTD; FORMERLY KNOWN AS ESSAR TELECOM INFRASTRUCTURE (P) LTD, 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN 682 017, REPRESENTED BY ITS DEPUTY MANAGER (LEGAL) MR.BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR, NADAPURAM, KOZHIKODE DISTRICT-673 504. 2. THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, VADAKARA, KOZHIKODE DISTRICT-673 504. 3. MR.FAISAL, S/O.POKER, PILAVULLATHIL HOUSE, CHALAPPURAM, NATHAPURAM POST, VADAKARA, KOZHIKODE DISTRICT 673 504 4. MR.AFSAL, S/O.MOIDU, UNIKKAMVEETTIL HOUSE, NATHAPURAM POST, CHALAPPURAM, VADAKARA, KOZHIKODE DISTRICT-673 504. 5. TUNERI GRAMA PANCHAYAT, TUNERI POST 673 101, VADAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV.SMT.C.M.CHARISMA, GOVERNMENT PLEADER SRI.MOHANAN V.T.K. FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23284 of 2011(I) APPENDIX EXHIBITS FOR THE PETITIONER : Ext.P1 : COPY OF THE BUILDING PERMIT DATED 22.7.2011 ISSUED BY 5TH RESPONDENT PANCHAYAT Ext.P2 : COPY OF THE REPRESENTATION DATED 11.8.2011 GIVEN TO THE FIRST AND SECOND RESPONDENTS BY THE PETITIONER AND RECEIPTS ISSUED BY THE FIRST AND SECOND RESPONDENTS EXHIBITS FOR THE RESPONDENTS : NIL //TRUE COPY// P.A.TO JUDGE ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.23284 of 2011 ------------------------------- Dated this the 7th day of September, 2011. J U D G M E N T C.K.ABDUL REHIM, J. The petitioner company is providing infrastructure facility for Telecom Operators. The issue involved in the writ petition is related to construction of a Mobile Tower (Base Transever Station) at Naadapuram in Kozhikode District. According to the petitioner, the construction is being conducted on the basis of Ext.P1 permit, issued by the 5th respondent panchayat. Grievance of the petitioner is that, respondents 3 and 4 and their henchmen are obstructing the construction activities under the guise that, establishment of the Telecom Tower will cause health hazards to the neighbouring residents. The petitioner had submitted Ext.P2 complaint before respondents 1 and 2 about the illegal obstructions caused. But the said respondents have failed to take any effective steps to 2 W.P.(C) No.23284 of 2011 remove the obstructions and to afford protection. Hence this writ petition is filed. 2. Inspite of service of notice from this Court, respondents 3 to 5 have not entered appearance or contested the case. We notice that, the question as to whether establishment of any Telecom Tower will cause health hazards to people residing nearby, now stands settled in favour of the petitioner in a decision rendered by this Court, Essar Telecom Infrastructure (P) Ltd. Vs. C.I. of Police, Angamali Police Station reported in 2010 (2) KHC 445. 3. Considering the facts and circumstances, we are of the opinion that respondents 3 and 4 or anybody else have no manner of right to create obstructions to the construction, if the petitioner is doing the same on the strength of a valid permit. 4. We therefore dispose of the writ petition, directing respondents 1 and 2 to take effective steps to remove obstructions, if any reported, and to afford protection for 3 W.P.(C) No.23284 of 2011 completing construction of the Telecom Tower, in accordance with the building permit. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/