Allowed

Indus Towers Ltd. v. the S.I. of Police, Alappuzha

Kerala HC27 May 2011WP(C)/55/2011

Case brief

AI extract

What is this about?

The Court allowed a writ petition directing police officials to provide protection to petitioners for constructing a mobile transmission tower under a valid building permit, subject to conditions in cited precedent.

What did the court decide?

Directions to Respondents 1 to 3 to afford police protection for construction, installation, and working of mobile transmission tower under permit Ext.P6.

Indus Towers Ltd. Vs the S.I. of Police, Alappuzha — Service and Employment | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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

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FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933

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WP(C).No. 55 of 2011(F) ---------------------------------

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PETITIONERS: ---------------------

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1. INDUS TOWERS LTD., CIRCLE OFFICE AT VANKARATH TOWERS, 8THFLOOR, NH-47,PALARIVATTOM, KOCHI-24. REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR.

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2. SHIBU MATHEW, S/O. MATHEW, PALATHARA HOUSE, THURUTHY.P.O., CHANGANASSERY, KOTTAYAM DISTRICT.(PARTNER, PALATHARA CONSTRUCTIONS, CHANGANACHERRY).

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BY ADVS. SRI.V.PHILIP MATHEWS, SRI.JEPH JOSEPH.

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RESPONDENTS:

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

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1. THE S.I. OF POLICE, ALAPPUZHA SOUTH POLICE STATION,ALAPPUZHA DISTRICT, PIN – 688 001.

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2. THE C.I. OF POLICE, ALAPPUZHA SOUTH, ALAPPUZHA DISTRICT, PIN – 688 001.

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3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. ALAPPUZHA DISTRICT, PIN – 688 001.

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4. ALAPPUZHA MUNICIPALITY, ALAPPUZHA, REPRESENTED BY ITS SECRETARY, PIN – 688 001.

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5. PUSHKARAN, MANNISSERIL HOUSE, THIRUMALA WARD,ALAPPUZHA MUNICIPALITY, MULLAKKAL, ALAPPUZHA DISTRICT, PIN – 688 001.

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6. K.SANTHOSH KUMAR, AGED 43 YEARS, S/O. KARUNAKARAN, SANTHOSH BHAVAN, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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W.P.(C). NO.55/2011-F:

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7. P.A. NAVAS, CONVENOR, PRADISHIKA VIKASANASAMITHY,PALLATHURUTHU, ALAPPUZHA DISTRICT, PIN – 688 001.

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8. BALU, S/O. CHANDRAHASAN,KANNUKATTISSERY, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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9. UDAYAN, S/O CHELLAPPAN, PANAMPARAMBU VEEDU, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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10. KANNAN,S/O. MADANAN, PAZHATHARA VEEDU, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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11. KUTTAYAI, S/O. SASANKAN, SHAM BHAVAN VEEDU, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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12. RAJESH, S/O. DEVARAJAN, UDAYAPURAM VEEDU, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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13. NOUSHAD, S/O.MAMMAD, PALLIVEEDU, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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14. AJI, S/O. GANGADHARAN,MADATHIL VEEDU, CHUNGAM EAST, THIRUMALA WARD, ALAPPUZHA DISTRICT, PIN – 688 001.

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15. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

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16. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF TELE COMMUNICATIONS, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001.

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R1 TO R3 & R.15 BY SR. GOVT. PLEADER SRI. M.R. SABU, R6 TO R14 BY ADVS. SRI.C.P.CHANDRASEKHARAN (CALICUT), SMT.APARNA C.MENON, SRI.M.SHAJU PURUSHOTHAMAN, R16 BY C.G.S.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.55/2011-F:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA.

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EXT.P.2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA.

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EXT.P.3: COPY OF THE REGISTRATION CERTIFICATE NO. 177/2008 DTD. 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS.

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EXT.P.4: COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA.

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EXT.P.4.A: COPY OF THE EXT.P.4.

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EXT.P.5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI.

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EXT.P.6: COPY OF THE BUILDING PERMIT DTD. 21/12/10 ISSUED BY THE R.4. MUNICIPALITY TO THE P.1.

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EXT.P.7: COPY OF THE REPRESENTATION DTD. 01/01/11 ISSUED FROM THE OFFICE OF THE R.1.

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EXT.P.8: COPY OF THE RECEIPT DTD. 01/01/11 ISSUED FROM THE OFFICE OF R.1. ACKNOWLEDGING THE RECEIPT OF EXT.P.7.

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EXT.P.9: COPY OF THE REPRESENTATION DTD. 01/01/11 SUBMITTED BY THE P.2. BEFORE THE R.2.

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EXT.P.10: COPY OF THE REPORT SUBMITTED BY THE TECHNICAL COMMITTEE BEFORE THE GOVERNMENT.

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EXT.P.11: COPY OF THE LETTER DTD. 11/09/06 ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM TO KUDAPPANAKUNNU GRAMA PANCHAYAT.

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RESPONDENTS' EXHIBIT:

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EXT.R6.A: COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT DT. 10/08/2009.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

R.BASANT & K. SURENDRA MOHAN, JJ.

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W.P(C) NO:55 OF 2011 F

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----------------------------------------------------------Dated this the 27^th May, 2011.

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JUDGMENT

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Basant, J.

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Petitioners have come before this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 to 3 police officials to afford protection to the petitioners for undertaking the work of construction, installation and working of a mobile transmission tower in accordance with Ext.P6 issued by the fourth respondent.

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According to the petitioners Ext.P6 has been validly issued. Respondents 6 to 14 are raising illegal obstructions against undertaking of the construction as per Ext.P6 in the property of the fifth respondent. It is in these circumstances that police protection is claimed.

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Respondents have been served. There is no representation for respondents 6 to 14. They have filed a counter affidavit. Inter alia it is contended that the construction, installation and working of the mobile tower would cause health hazards to the members of the local public. Reliance is placed

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WPC 55/2011 2

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on a circular issued by the department for Local Self Government which says that if there be objections the place for erection of the mobile tower must be identified after discussions with the members of the local public. No other contentions are raised.

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Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd. v. C.I of Police {2010(2) KLT 762} and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}. Counsel prays that police protection may be ordered subject to the observations and conditions stipulated in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}

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In the result;

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a) This petition is allowed.

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b) Respondents 1 to 3 are directed to afford police protection to the petitioners for the construction, installation and working of mobile transmission tower in accordance with Ext.P6 permit issued by the fourth respondent.

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WPC 55/2011

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c) Needless to say the protection shall be subject to the

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observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala {2011(2) KHC 171}.

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R.BASANT

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Judge

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K. SURENDRA MOHAN Judge

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WPC 55/2011 4

Indus Towers Ltd. v. the S.I. of Police, Alappuzha

Case brief

What is this about?

What did the court decide?

Indus Towers Ltd. v. the S.I. of Police, Alappuzha

Case brief

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What did the court decide?

What the court decided

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