Allowed

Gtl Infrastructure Limited v. the Sub Inspector of Police,Kalamassery

Kerala HC27 May 2011WP(C)/8495/2011

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition, directing the Sub Inspector of Police to afford protection to GTL Infrastructure Ltd. for constructing a telecommunication tower permitted by Cochin Corporation, relying on earlier precedents in the absence of valid objections.

What did the court decide?

This Writ Petition is allowed and Respondent No.1 is directed to afford protection to the petitioner for the construction and working of telecommunication tower.

Gtl Infrastructure Limited Vs the Sub… — Constitutional and Fundamental Rights | 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 FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 8495 of 2011(J) --------------------------------------

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PETITIONER(S): -----------------------GTL INFRASTRUCTURE LTD., DOOR NO.40/9643, PRABHU TOWER, IST FLOOR, OPP. CHENNAI SILKS, M.G.ROAD, NORTH ERNAKULAM, KOCHI-682 035, 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. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY. PIN- 682 020

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2. MRS.SEENA W/O.GOKULAN, PATTARUMATATHIL HOUSE, NEAR GOVT.HIGH SCHOOL, ELAMAKARA, PIN-682 026.

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3. COCHIN CORPORATION, COCHIN, ERNAKULAM, REPRESENTED BY ITS SECRETARY. PIN- 682 011

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R1 BY SENIOR GOVERNMENT PLEADER SRI. M.R. SABU R3 BY ADV.SRI.P.K. SOUYZ, SC FOR COCHIN CORPORATION

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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:

sts

2/-

-2-

WP(C)NO.8495/2011

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE BUILDING PERMIT DATED 7/12/2010 ISSUED BY THE COCHIN CORPORATION.

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P2 COPY OF THE REPRESENTATION AND THE RECEIPT DATED 6/1/2011.

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P3 COPY OF THE REPRESENTATION AND RECEIPT DATED 17/2/2011.

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RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

R.BASANT & K.SURENDRA MOHAN, JJ.

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***************************

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**W.P(C) No.8495 of 2011-J *******************************

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Dated this the 27^th day of May, 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 under Article 226 of the Constitution of India to afford protection to the petitioner for undertaking the work of construction and working of a telecommunication tower as permitted by the 3^rd respondent under Ext.P1 permit against illegal objections raised by the 2^nd respondent.

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The 3^rd respondent has entered appearance. No objection is raised by the 3^rd respondent. The 2^nd respondent has been served, but there is no appearance.

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Our attention has been drawn to the decision 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]. In the absence of any valid objection, we are satisfied that protection can be afforded to the petitioner subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala [2011 (2) KHC 171].

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W.P(C) No.8495 of 2011-J 2

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In the result: a) This Writ Petition is allowed; b) Respondent No.1 is directed to afford protection to the petitioner for the construction and working of telecommunication tower as permitted under Ext.P1.

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(R.BASANT, JUDGE)

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(K.SURENDRA MOHAN, JUDGE)

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rtr/

Gtl Infrastructure Limited v. the Sub Inspector of Police,Kalamassery

Case brief

What is this about?

What did the court decide?

Gtl Infrastructure Limited v. the Sub Inspector of Police,Kalamassery

Case brief

What is this about?

What did the court decide?

What the court decided

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