Dismissed

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

Kerala HC19 Mar 2014WP(C)/5323/2014

Case brief

AI extract

What is this about?

This writ petition was filed by Indus Towers Ltd seeking police protection for construction of a telecom tower. The grant of protection was dismissed as the Court was not satisfied that the petitioner was entitled to the building permit after failing to approach the District Telecom Authority as per guidelines.

What did the court decide?

The prayed relief for police protection is denied and the Writ Petition is dismissed.

Indus Towers Ltd. Vs the S.I of Police, Pooyapally — Company and Corporate | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935

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WP(C).No. 5323 of 2014 (M)

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PETITIONER(S):

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

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BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE

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RESPONDENT(S):

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1. THE SUB INSPECTOR OF POLICE, POOYAPALLY, KOLLAM DISTRICT 691 001.

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2. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE, KOLLAM DISTRICT 691 001.

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3. THE DEPUTY SUPERINTENDENT OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT 691 001.

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4. THE DISTRICT POLICE CHIEF, KOLLAM (RURAL) 691 001.

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5. STATE OF KERALA,

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REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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6. UNION OF INDIA,

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

...2/-

..2..

WP(C).No. 5323 of 2014 (M)

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7. VELINALLOOR GRAMA PANCHAYAT, VELINALLOOR PANCHAYAT OFFICE, VELINALLOOR, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY 691 508.

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8. HAKEEM,

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S/O.HASSANAR, SUBHAHANA MANZIL, NETTAYAM PO, VAZHAVILA, KOLLAM DISTRICT 691 537.

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9. NIZAR,

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S/O.ABDUL MAJEED, NIZAM MANZIL, MEEYANAM PO, VAZHAVILA, KOLLAM DISTRICT 691 510

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10. NIZAR,

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S/O.UDUMAL KUNJU, NIZAM MANZIL, MEEYANAM PO, VAZHAVILA, KOLLAM DISTRICT 691 510.

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11. ABDUL KALAM, S/O.HASSANAR, VAZHAVILA MELETHIL, MEEYANAM PO, KOLLAM DISTRICT 691510.

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12. SHAJAHAN,

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S/O.HASSANAR KUNJU, SHAJITHA MANZIL, MEEYANAM PO, THAPPUKADU, KOLLAM DISTRICT 691 537.

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13. YOUNIS,

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S/O.KASSIMKUNJU, THAPPUKADU VEEDU, MEEYANAM PO, VAZHZAVILA, KOLLAM DISTRICT 691 510.

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14. KASSIMKUNJU, THAPPUKADU VEEDU, MEEYANAM PO, VAZHZAVILA, KOLLAM DISTRICT 691 510.

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15. ZUBAIR KANNU, S/O.MUHAMMED KUNHI, NAZAR MANZIL, AMBALAM KUNNU, NETTAYAM PO, KOLLAM DISTRICT 691 537.

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R1-R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN R6 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R7 BY ADV. SRI.BINDU SREEKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5323 of 2014 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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

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EXHIBIT P2 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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EXHIBIT P3 COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10/1/2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT , DEPARTMENT OF TELECOMMUNICATIONS

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EXHIBIT 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

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EXHIBIT P4(A) TYPED COPY OF EXHIBIT P4

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EXHIBIT P5 COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CS-111) OF THE MINISTRY OF COMMUNICATIONS & IT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI

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EXHIBIT P6 COPY OF BUILDING PERMIT NO.AA 72/2013 DATED 2/12/2013 ISSUED BY THE 7TH RESPONDENT PANCHAYAT

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EXHIBIT P7 COPY OF THE REPRESENTATION DATED 10/2/2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

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EXHIBIT P8 COPY OF THE POSTAL RECEIPTS

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EXHIBIT P9 COPY OF THE GUIDELINES ISSUED BY THE 6TH RESPONDENT

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EXHIBIT P10 COPY OF THE ADVISORY DATED 9/8/2012 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTS

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EXHIBIT P11 COPY OF THE COMMUNICATION DATED 3/10/12 ISSUED BY THE DEPARTMENT OF TELECOMMUNICATIONS TO MINISTRY OF ENVIRONMENT AND FORESTS

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EXHIBIT P12 COPY OF GO(MS) NO.21/2013/ITD DATED 21/8/2013 ALONG WITH GUIDELINES

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RESPONDENT(S)' EXHIBITS

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--------------------------------------- NIL.

/ TRUE COPY /

P.S. TO JUDGE

Manjula Chellur, C.J. & A.M. Shaffique, J.

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W.P.(C) No. 5323 OF 2014

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- - - - Dated this the 19^th day of March, 2014

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JUDGMENT

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Shaffique, J.

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Petitioner has approached this Court seeking police protection. Ext.P6 is the building permit which is issued on 02.12.2013. Learned counsel for petitioner would submit that though the building permit has been issued on 02.12.2013, it was in respect of an application dated 07.01.2012. Initially the building permit was rejected, but as per the directions issued by Tribunal for Local Self Government Institutions on an appeal filed by petitioner, building permit has been issued.

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Learned State Attorney on instructions would submit that the Panchayat should not have issued such building permit on account of existence of guidelines dated 21.08.2013 which states that no Panchayat can issue any permit without complying with the directions issued in the said guidelines. As per the said guidelines, petitioner had to approach the District Telecom Authority before approaching the Panchayat for necessary licence. The learned counsel appearing for petitioner

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WP(C) No. 5353 of 2014

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would however submit that so far as the building permit is not under challenge by any person, the petitioner is entitled to proceed with the construction.

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Petitioner has approached this Court seeking the discretionary relief for police protection. We are not satisfied that the petitioner was entitled for the building permit in so far as the petitioner has not approached the District Telecom Authority as per the guidelines. The Panchayat ought to have followed the regulations in the guidelines before issuing the building permit.

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Hence, we do not think that we should exercise the discretionary jurisdiction to grant police protection as prayed for. Accordingly, this Writ Petition is dismissed.

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Manjula Chellur, Chief Justice.

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A.M. Shaffique, Judge.

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ttb/20/03

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WP(C) No. 5353 of 2014

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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