Allowed

Indus Towers Ltd. & Another v. the S.I of Police, Pattanakkad & Ors.

Kerala HC27 May 2011WP(C)/9297/2010

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition seeking police protection for petitioners to construct and operate a mobile tower. The court directed respondent police officials to provide protection as per the building permit, noting that other respondents failed to file counter affidavits.

What did the court decide?

Respondents 1 and 2 are directed to afford protection to the petitioners for the construction and establishment of a telecommunication tower as permitted under Ext.P6.

Indus Towers Ltd. & Another Vs the S.I… — Constitutional and Fundamental Rights | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE R.BASANT &

¶4

THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

¶5

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

¶6

WP(C).No. 9297 of 2010(J)

¶7

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

¶8

PETITIONER(S):

¶9

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

¶10

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

¶11

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

¶12

BY ADV. SRI.V.PHILIP MATHEW

¶13

RESPONDENT(S):

¶14

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

¶15

1. THE S.I. OF POLICE PATTANAKKAD, ALAPPUZHA.

¶16

2. SUPERINTENDENT OF POLICE, ALAPPUZHA.

¶17

3. KADAKKARAPPALLY GRAMA PANCHAYATH, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA, REPRESENTED BY ITS SECRETARY.

¶18

4. ANIL ROBERT, KURISINGAL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶19

5. ANTONY JOSEPH, VAALAYIL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶20

6. MEJO JOSEPH, KURISINGAL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶21

7. JOHN (MICHAEL), KURISINGAL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶22

WP(C).No. 9297 of 2010(J)

¶23

8. ANSIL ABEL, VAALAYIL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST

¶24

9. KUTTAN XAVIER, PANAKKAL HOUSE, KODUMUNDA P.O., MUTHUTHALA VILLAGE, PALAKKAD DISTRICT.

¶25

10. SEBASTAIN JOSEPH @ BABU, KURISINGAL HOUSE KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶26

11. SABU ANTONY, VAALAYIL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶27

12. VARGHESE, EDAVAZHIKKAL, KURISINGAL HOUSE KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶28

13. SAJI, KURISINGAL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶29

14. CYRIL, KURISINGAL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶30

15. JACKSON PIOUS, KURISINGAL HOUSE, KADAKKARAPPALLY.P.O., CHERTHALA, ALAPPUZHA DIST.

¶31

16. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

¶32

R1, R2 & R16 BY SR. GOVT. PLEADER MR.M.R. SABU. R3 BY ADV. SRI.J.OM PRAKASH.

¶33

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

¶34

WP(C).No. 9297 of 2010(J)

¶35

APPENDIX

¶36

PETITIONER'S EXHIBITS:

¶37

EXT.P1: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA.

¶38

EXT.P2: COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA.

¶39

EXT.P3: COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10/01/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS.

¶40

EXT.P4: 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.

¶41

EXT.P5: COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI.

¶42

EXT.P6: COPY OF THE BUILDING PERMIT NO.103/2009-10 DATED 18/01/2010 ISSUED BY THE KADAKKARAPPALLY GRAMA PANCHAYATH TO FIRST PETITIONER.

¶43

EXT.P7: COPY OF THE PETITION DATED 09/02/2010 SUBMITTED BEFORE THE FIRST RESPONDENT.

¶44

EXT.P8: COPY OF THE RECEIPT DATED 09/02/2010 ISSUED FROM THE OFFICE OF FIRST RESPONDENT.

¶45

EXT.P9: COPY OF THE JUDGMENT DATED 12/10/2009 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 27437/09.

¶46

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

**R.BASANT & K.SURENDRA MOHAN, JJ. *************************

¶51

**W.P(C) No.9297 of 2010-J *******************************

¶52

Dated this the 27^th day of May, 2011

¶53

JUDGMENT

¶54

BASANT, J.

¶55

The petitioners have come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 to afford protection for the petitioners to undertake the work of construction and working of a mobile tower as permitted under Ext.P6. It is the case of the petitioners that respondents 4 to 15 are raising untenable and illegal objections/obstructions against construction of the tower. As per interim order issued by this Court, the work of construction has been completed, it is submitted.

¶56

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].

¶57

Though respondents 4 to 15 have been served, there is no representation for them. No counter affidavit has been filed also.

¶58

¶59

W.P(C) No.9297 of 2010-J

¶60

We are, in these circumstances, satisfied that the petitioners can be granted police protection for construction and working of the mobile tower as permitted under Ext.P6.

¶61