IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 17144 of 2011(P) -------------------------------- PETITIONER(S): ----------------- 1. M/S.RELIANCE COMMUNICATIONS, A AND P.ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHARA, 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, KADAVANTHARA, 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, PONNANI POLICE STATION, MALAPPURAM DISTRICT-676 101. 2. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR-676 105. 3. THE DISTRICT POLICE CHIEF, MALAPPURAM-676 505. 4. KUNHUTTY, SON OF BAPPUTTY, CHAKKAYIL HOUSE, KANDANAKOM, KALADY P.O., MALAPPURAM-679 582. WP(C).No. 17144 of 2011(P) -2- 5. MANU @ MUHAMMEDALI, SON OF ALAVI, PANDARAPARAMBIL, KANDANAKOM, KALADY, MALAPPURAM DISTRICT-679 582. 6. KALADY GRMA PANCHAYAT, KADANCHERI P.O, MALAPPURAM-679 582, REPRESENTED BY ITS SECRETARY. ADV. SRI.M.I.JOHNSON FOR R6 GOVT. PLEADER SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17144 of 2011(P) -3- APPENDIX PETITIONER's EXTS. EXT.P1:- COPY OF THE NOTIFICATION S.O.382/99 DT.24/05/99. EXT.P2:- COPY OF THE RELEVANT PAGES OF THE LICENSE AGREEMENT ENTERS BETWEEN THE 1ST PETITIONER AND THE GOVERNMENT OF INDIA DATED 20/07/01. EXT.P3:- A COPY OF THE NOTIFICATION S.O.170(E) DT.04/02/02. EXT.P4:- COPY OF THE BUILDING PERMIT NO.92/07-08 DT.13/03/08 RENEWED ON 25/05/11. EXT.P5:- COPY OF THE COMPLAINT DT.20/06/11. EXT.P6:- COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DT.21/06/11. PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ W. P. C. No.17144 of 2011 ------------------------------------------------ Dated this the 4th day of July, 2011 JUDGMENT Pius C. Kuriakose, J Even though respondents 4 to 6 have been served with notice by special messenger, 4 and 5 the private party respondents who are allegedly creating obstructions in the construction of the mobile tower proposed by the petitioners have not turned up before this Court. 2. The counsel for the 6th respondent/Panchayath submitted that the Panchayath has issued all necessary permits and the Panchayath has no objection in the petitioner/Company constructing the mobile tower and in commissioning the same in accordance with the rules. The learned Government Pleader on the basis of the instructions from the respondents 1 to 3 submitted that respondents 4 W. P. C. No.17144 of 2011 -2- and 5 are local people who are opposed to the construction and commissioning of mobile tower as they apprehend health hazards. 3. Our attention is drawn by the learned counsel for the petitioners to the judgment of this Court in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011(2), KLT 516). The learned counsel submitted that on the authority of the above decision that in a situation like the present one where the statutory authorities concerned have issued requisite permits to the petitioner/company this Court will not be justified in declining jurisdiction under Article 226 on the basis of unreal apprehensions of health hazards. 4. Having considered the submissions addressed at the Bar and the ratio of Essar Telecom's case (cited supra) we feel that the petitioners are entitled for relief. Hence, we allow this Writ Petition and direct respondents 1 and 2 to give adequate and effective protection to the petitioners for W. P. C. No.17144 of 2011 -3- carrying out the installation and energisation of the Base Transceiver station and its ancillary units in its own building bearing Door No.VII/446 in Sy. No.300/3,4 of Kaladi village, Ponnani Thaluk, Malappuram district on the strength of Ext.P4 permit without any threat or hindrance from respondents 4 and 5 and men acting under those respondents. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/-