The High Court of Kerala disposed of a writ petition filed by Indus Towers Ltd. seeking police protection for constructing a mobile telecommunication tower. The court relied on a prior judgment directing that such matters be considered by the District Telecom Committee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937
WP(C).No. 1866 of 2013 (G)
PETITIONER(S):
INDUS TOWERS LTD., CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS HEAD-LEGAL, PREMAKRISHNAN NAIR.
BY ADV. SRI.V.PHILIP MATHEW
RESPONDENT(S):
1. THE SI OF POLICE, CHAVARA, KOLLAM DISTRICT-691 501.
2. THE C.I. OF POLICE, CHAVARA, KOLLAM DISTRICT-691 501.
3. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY, KOLLAM DISTRICT-691 501.
4. THE DISTRICT POLICE CHIEF, KOLLAM (RURAL), KOTTARAKKARA, KOLLAM DISTRICT-691 501.
5. PANMANA GRAMA PANCHAYAT,
6. PRASANNAN,
7. SADASIVAN,
PJ
....2/-
..2..
WP(C).No. 1866 of 2013 (G)
8. ASOKAN S/O. GOPALAKRISHNAN, VELUPURATHUTHEKKETHIL, PANMANA P.O., CHAVARA, KOLLAM DISTRICT-691 583.
9. PRIYA,
10. JAMEELA, W/O. SALEEM, VELUPURATHUTHEKKETHIL, PANMANA P.O. CHAVARA, KOLLAM DISTRICT-691 583.
11. JAGADAMMA W/O. BABU, VELUPURATHUTHEKKETHIL, PANMANA P.O. CHAVARA, KOLLAM DISTRICT-691 583.
12. A.SHAJAHAN, KALPAKASSERIL, MULLASSERRY, PANMANA P.O., KOLLAM DISTRICT-691 583.
13. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
14. 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.
R1-4 & 13 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R5 BY ADVS. SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
R6 TO 11 BY ADV. SRI.J.OM PRAKASH R14 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 1866 of 2013 (G)
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS
R6(A): COPY OF THE MEMORANDUM OF APPEAL NO.117/13 DATED 31/1/13
R6(B): COPY OF THE ORDER IN IA.193/13 IN APPEAL NO.117/13 DATED 2/2/13
/ TRUE COPY /
P.S. TO JUDGE
PJ
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
W.P.(C) No.1866 of 2013
Dated this the 27th day of November 2015
J U D G M E N T
Shaffique, J.
This writ petition has been filed by the petitioner seeking for police protection in the matter relating to construction of a mobile telecommunication tower. It is submitted by the learned counsel for the petitioner that construction of the telecommunication tower has not been completed so far.
Hence, reserving the right of the petitioner to approach the District Telecom Committee for appropriate relief, this writ petition is disposed of. If any such application is received, it is for the said authority to consider the same and pass appropriate orders, in accordance with law.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE
Sd/-
A.M. SHAFFIQUE J UDGE
Jvt/27.11.2015.
2 issues framed by the court
Whether to grant police protection for the construction of a mobile telecommunication tower.
Whether the petitioner should approach the District Telecom Committee for appropriate relief regarding the construction of the tower.
Colour shows how this judgement treated each authority
Indus Towers Ltd. v. Sub Inspector of PoliceRelied on¶60
Indus Towers Ltd. v. Sub Inspector of Police [2014 (4) KLT 306]
Indus Towers Ltd.
The SI of Police, Chavara
The C.I. of Police, Chavara
The Deputy Superintendent of Police, Karunagappally
The District Police Chief, Kollam (Rural)
Panmana Grama Panchayat
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
