IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 12723 of 2011(M) ------------------------------------------ PETITIONER(S): ------------------------- TOWER VISION INDIA (P) LIMITED, MUSCAT TOWERS, IST FLOOR, S.A.ROAD, KADAVANTHRA - 682 020 REPRESENTED BY ITS MANAGER (LEGAL), MR.PRAMOD JALJI. BY ADVS. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM, KOLLAM DISTRICT, PIN - 691 001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. 4. THE CIRCLE INSPECTOR OF POLICE, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. 5. THE SUB INSPECTOR OF POLICE, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. Kss ..2/- ..2.... WPC.NO.12723/2011 M 6. THE SECRETARY, PUNALUR MUNICIPALITY, PUNALUR P.O., PUNALUR, KOLLAM DISTRICT, PIN - 691 305. 7. NAVAB JAN, 'JAHANGEER MANZIL', MUSAVIRIKUNNU, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. 8. P.A.VARGHESE, 'HERMON REHOBOTH', MUSAVIRIKUNNU, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. 9. P.ROBERT, 'RENI HOUSE', MUSAVIRIKUNNU, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. 10. S.J.LOPEZ, 'SHIBU BHAVAN' MUSAVIRIKUNNU, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. 11. NASAR, 'CHARUVILA VEEDU', MUSAVIRIKUNNU, PUNALUR, KOLLAM DISTRICT, PIN - 691 305. R1 TO R5 BY GOVERNMENT PLEADER SRI. VENUGOPAL R6 BY ADV. SRI.B.KRISHNA MANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12723/2011 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT DTD. 23/03/2011 ISSUED BY MUSAVIRIKUNNU GRAMA PANCHAYATH. P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DTD. 30/03/2011. P3: COPY OF THE REPRESENTATION DTD. 16/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO5. P4: COPY OF THE INTERIM ORDER DTD. 8/04/2011 IN WP(C) NO.10473/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.12723 of 2011 ------------------------------------------- Dated this the 15th June, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 2 to 5 police officials under the first respondent State to afford police protection to the petitioner to undertake the work of construction, installation and operation of a mobile tower in accordance with Ext.P1 building permit issued by the sixth respondent, the Punalur Municipality against the illegal obstruction that is raised by respondents 7 to 11. 2. Service is complete. There is no appearance for respondents 6 to 11. The learned Government Pleader appears for respondents 1 to 5. 3. Ext.P1 is a regular permit. There is no challenge against Ext.P1. Absolutely no material has been placed before us to indicate that respondents 7 to 11 have any manner of right to raise objections against the construction of the mobile tower in accordance with Ext.P3 permit. WPC No.12723 of 2011 2 4. The learned Government Pleader appears for respondents 1 to 5 and submits that in the perception of respondents 2 to 5, there is no threat of obstruction by respondents 7 to 11. They had earlier obstructed, but after discussions and as advised, they are not raising any obstruction now, submits the learned Government Pleader. 5. Our attention has been drawn to Essar Telecom Infrastructure (P) Ltd., v C.I. of Police [2010(2) KLT 762) (FB)] and Essar Telecom Infrastructure (P) Ltd. v State of Kerala (2011(2) KHC 171). We note that there is no challenge against Ext.P3 permit by any one. 6. We are in these circumstances satisfied that following the precedents referred above the prayer for protection can be granted subject to appropriate conditions and observations. 7. In the result, i) This petition is allowed. ii) Respondents 2 to 5 are directed to afford adequate and sufficient police protection to the petitioners to undertake the construction, installation and operation of a mobile tower in accordance with Ext.P3 permit issued by the sixth respondent against any obstruction that may be raised by respondents 7 to 11. WPC No.12723 of 2011 3 iii) Needless to say that the order of protection granted shall be subject to all the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v State of Kerala (2011(2) KHC 171). sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE