IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 27386 of 2010(W) -------------------------- PETITIONER ------------------- GTL INFRASTUCUTRE LTD., DOOR NO.40/9643, PRABHU TOWER, IST FLOOR, OPP. CHENNAI SILKS, M.G.ROAD, NORTH ERNAKULAM, KOCHI-682035, REP. BY ITS DY.CIRCLE HEAD, BABU B.NAIR. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PULIKKUNNU, KASARAGOD DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, HOSDURG, KASARAGOD DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KANJANGAD POLICE STATION, HOSDURG, KASARAGOD DISTRICT. 4. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, HOSDURG P.O., KASARAGOD DISTRICT. 5. PRASANT V.T., S/O.KUNJIKKANAN, RESIDING AT KOOLOTH VALAPPU HOUSE, AJANOOR P.O., BELLIKOTH, KASARAGOD DISTRICT. WP(C).No. 27386 of 2010(W) -------------------------------------- 6. SIVAJI, S/O.CHOYIAMPU, KALKKUZHI HOUSE, AJANOOR P.O., BELLIKOTH, KASARAGOD DISTRICT. 7. SURENDRAN, S/O.KORAN, KOOLOTH VALAPPU HOUSE, AJANOOR P.O., BELLIKOTH, KASARAGOD DISTRICT. 8. HARISH, S/O.SANJENDRAN, KALICHAMARAM, AJANOOR P.O., BELLIKOTH, KASARAGOD DISTRICT. 9. AJANOOR GRAMA PANCHAYATH, AJANOOR P.O., KASARAGOD DISTRICT, REP. BY ITS SECRETARY. R1 T R4 BY GOVERNMENT PLEADER SMT.JOSEPHINA R5 & R6 BY ADV. SRI.SUNIL V.MOHAMMED R9 BY ADVS. SRI.P.NARAYANAN SRI.M.C.RATNAKARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27386 of 2010(W) -------------------------------------- PPENDIX ------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE RECEIPT ISSUED BY THE AJANOOR GRAMA PANCHAYAT DATED 4.5.2010. EXT.P2. COPYT OF THE ORDER DATED 20.7.2010 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT DEPARTMENT. EXT.P3. COPY OF THE REPRESENTATION DATED 27.8.2010 SUBMITTED BY THE PETITIONER BEFORE THE POLICE AUTHORITIES. EXT.P4. COPY OF THE INTERIM ORDER DATED 13.8.2010 IN W.P.(C) NO.24045/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS -------------------------------------- EXT.6(A). COPY OF THE NEWS REPORT APPEARED IN MADHYAMAM AND CHANDRIKA DAILIES ON 06.09.2010 AND 07.09.2010. / TRUE COPY / P.A. TO JUDGE VK PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.27386 of 2010 ------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. Petitioner is seeking police protection for construction of a Telecommunication tower, from not being obstructed by respondents 5 to 9 or their henchmen. According to the petitioner, by virtue of Ext.P2 order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram, the petitioner was granted with a deemed permit for the construction and based on such permit the petitioner is intending to construct the tower. But the respondents 5 to 9 are creating obstructions by raising apprehension about health hazards which may be caused due to establishment of the tower. Eventhough the petitioner submitted Ext.P3 request before the 1st respondent seeking protection, no 2 W.P.(C) No.27386 of 2010 effective steps were taken. Hence the writ petition. 2. In the counter affidavit filed by the 6th respondent it is contended that, establishment of the Telecommunication tower is highly objectionable for the reason that already there were two other towers existing in the locality and establishment of the proposed tower will intensify the radiation effect, which will cause considerable health hazards to the nearby residents. 3. While considering the objections of the contesting respondents, we take note of the decision of this Court in Essar Telecommunication Infrastructure (P) Ltd. Vs. State of Kerala (2011(2) KLT 516). In view of the dictum contained in the said decision the apprehension regarding health hazard could not be entertained. Since the petitioner has got a valid permit to construct the Telecommunication tower, we are of the opinion that respondents 5 to 9 have no manner of right to create any physical obstruction. Accordingly, the writ petition is 3 W.P.(C) No.27386 of 2010 disposed of directing the respondents 1 to 4 to afford adequate and effective police protection for completing the construction of the Telecommunication tower and for energising the same, on getting completion certificate from the local authority concerned. It is left open to the respondents 5 to 9 to challenge the permit granted for construction before appropriate forum. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/