Allowed

Gtl Infrastructure Limited v. State of Kerala and Others

Kerala HC3 Jun 2011WP(C)/4497/2011

Case brief

AI extract

What is this about?

The Kerala High Court allowed a writ petition filed by GTL Infrastructure Ltd. seeking police protection to construct a telecommunication tower. The court directed the Sub Inspector of Police to provide protection in accordance with a building permit issued by the Panchayat, relying on principles established in Essar Telecom cases.

What did the court decide?

Respondent No. 2 directed to afford police protection to the petitioner to construct, install and operate the telecommunication tower.

Gtl Infrastructure Limited Vs State of Kerala and Others — Landlord and Tenant | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933

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WP(C).No. 4497 of 2011(J) --------------------------------

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PETITIONER(S): -------------------

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GTL INFRASTRUCTRE LTD., DOOR NO.40/9643, PRABHU TOWER, 1ST FLOOR, OPP. CHENNAI SILKS, M.G.ROAD, NORTH ERNAKULAM, KOCHI-682035, REPRESENTED BY ITS SENIOR EXECUTIVE (LEGAL), MR. JINO ANTONY.

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BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN

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RESPONDENT(S):

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--------------------

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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.

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2. THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, CHERPU-680561.

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3. MR. SUDHI RAJ,S/O. KUTTAPPAN, CHULLIPARAMBIL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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4. PAVITHRAN, S/O. PRABHAKARAN, PARAKKAL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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5. SHAJU S/O. RAMAN, MELITTA HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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svs

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.............2/-...

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...2...

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WPC. NO.4497/2011

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6. PRAMOD, S/O. THANKAPPAN, KATTUNGAL HOUSE PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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7. PRASANTH, S/O. THANKAPPAN, KATTUNGAL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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8. ANEESH, S/O. MANI, NELLIPARAMBIL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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9. SANATH, S/O. SADHANANTHAN(KUTTAN), CHULLIPARAMBIL HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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10. SALEESH, S/O. MRS. KUMARI, ORYAMBARATH HOUSE, PALISSERY.P.O.,PALAKKEL,THRISSUR-680027.

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11. AVINISSERY GRAMA PANCHAYAT, AVINISSERY.P.O., PIN-680311, REPRESENTED BY ITS SECRETARY.

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R1 & R2 BY GOVT.PLEADER SRI.T.K.VIPINDAS

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R3 TO 10 BY ADVS. SRI.A.JAYASANKAR

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SRI.MANU GOVIND

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R-11 BY ADVS. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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svs

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W.P.(C). NO. 4497/2011

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE BUILDING PERMIT DATED 18/11/2010 ISSUED BY THE AVINISSERY GRAMA PANCHAYAT.

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P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27/01/2011 AND THE RECEIPT

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P3: COPY OF THE INTERIM ORDER DATED 25/01/2011 IN WPC.NO.1930/2011 OF THIS HONOURABLE COURT.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE.

svs

R. BASANT & K. SURENDRA MOHAN, JJ.

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W.P.(C) No.4497 of 2011-J

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------------------------------------------------Dated this the 3rd day of June, 2011

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JUDGMENT

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Basant,J.

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The petitioner has come to this Court seeking issue of directions to the 2^nd respondent to afford police protection to the petitioner to construct, install and operate a telecommunication tower in accordance with Ext.P1 permit issued by the 11^th respondent against illegal obstructions that are raised by respondents 3 to 10.

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All the respondents have been served. The learned Government Pleader appears for respondents 1 and 2. The 11^th respondent has filed a counter affidavit. He does not oppose the prayer in this writ petition. Respondents 3 to 10, though served, have not chosen to appear or oppose the prayer. No counter affidavit has been filed.

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Ext.P1 is a regular permit. The same has been granted subject to conditions. The validity of the permit is not questioned. No respondent has raised any objection against the grant of the prayer.

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Our attention has been drawn to the decisions in Essar

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W.P.(C) No.4497 of 2011 -: 2 :-

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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).

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In the light of the principles laid down in the said decisions referred above, we are satisfied that the payer of the petitioner is justified.

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In the result:

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(a) This writ petition is allowed.

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(b) Respondent No.2 is directed to afford police protection to the petitioner to construct, install and operate the telecommunication tower in accordance with Ext.P1 permit issued by the 11^th respondent.

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(c) Needless to say that this judgment is issued subject to all observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala (2011 (2) KHC 171).

Sd/-

Sd/-

Nan/

K. SURENDRA MOHAN (Judge) //true copy// P.S. to Judge

Gtl Infrastructure Limited v. State of Kerala and Others

Case brief

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Gtl Infrastructure Limited v. State of Kerala and Others

Case brief

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