The court disposed of a writ petition seeking police protection for the construction of a mobile telecommunication tower. Finding the petitioner had all clearances and no respondent appeared, the interim order was made absolute.
The interim order dated 26th July 2017 directing police protection for tower construction was made absolute.
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 MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 1ST DAY OF NOVEMBER 2017/10TH KARTHIKA, 1939 WP(C).No. 23362 of 2017 (U) ----------------------------
PETITIONER:
INDUS TOWERS LTD. CIRCLE OFFICE AT: VANKARATH TOWERS, 8TH FLOOR, NH.47, PALARIVATTOM, KOCHI.24, REPRESENTED BY ITS HEAD LEGAL-MR. PREMKRISHNAN NAIR.
BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENTS:
| ------------ 1. |
STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695001. |
|---|---|
| 2. |
THE DISTRICT TELECOM COMMITTEE, COLLECTORATE, PATHANAMTHITTA-686645, REPRESENTED BY ITS CHAIRMAN/DISTRICT COLLECTOR. |
| 3. |
THE DISTRICT POLICE CHIEF, PATHANAMTHITTA-686585. |
| 4. |
THE CIRCLE INSPECTOR OF POLICE, KONNI, PATHANAMTHITTA DISTRICT. 689691. |
| 5. |
THE SUB INSPECTOR OF POLICE, KONNI, PATHANAMTHITTA DISTRICT. 689691. |
| 6. |
PRAMADOM GRAMA PANCHAYAT, LAKKOOR, MALLASSERY PO, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY.689646, |
| 7. |
SREENI, VELLAPPARA PO, PATHANAMTHITTA DISTRICT. 689561. |
| 8. |
SAJI KOLLOTH, KOLLOTH HOUSE, VELLAPPARA PO, PATHANAMTHITTA DISTRICT.689691. |
| 9. |
RAJI MAHESH, SANTHI BHAVANAM, VELLAPPARA PO PATHANAMTHITTA DISTRICT. 689691. |
WPC No.23362 of 2017
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.23362 of 2017
WP(C).No. 23362 of 2017 (U)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL TERRITORY OF DELHI AND HARYANA.
EXHIBIT P2 COPY OF THE CERTIFICATE FOR COMMENCEMENT OF BUSINESS ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL TERRITORY OF DELHI AND HARYANA.
EXHIBIT P3 COPY OF THE REGISTRATION CERTIFICATE NO.177/2008 DATED 10.1.2008 ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT DEPARTMENT OF TELECOMMUNICATIONS.
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.
EXHIBIT P4(A) TYPED COPY OF EXHIBIT P4
EXHIBIT P5 COPY OF THE COMMUNICATION SEND BY THE DIRECTOR (CSIII) OF THE MINISTRY OF COMMUNICATIONS, & IT DEPARTMENT OF TELECOMMUNICATIONS NEW DELHI.
EXHIBIT P6 COPY OF BUILDING PERMIT NO.C2 2583/15 DATED 2.6.2015, EXHIBIT P7 COPY OF THE PROCEEDINGS OF DTC/DISTRICT MAGISTRATE PATHANAMTHITTA DATED 18.3.2017.
EXHIBIT P8 COPY OF REPRESENTATION DATED 16.3.2017.
EXHIBIT P9 COPY OF RECEIPT DATED 16.3.2017 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.
RESPONDENT'S EXHIBITS NIL
TRUE COPY
P.S.TO JUDGE
css/
Antony Dominic & Dama Seshadri Naidu, JJ.
WPC No.23362 of 2017
Dated this the 1st day of November, 2017
JUDGMENT
Antony Dominic, J.
This writ petition was filed seeking orders of police
protection for the construction of a mobile telecommunication tower.
Making the aforesaid interim order absolute, the writ petition is disposed of.
Sd/- Antony Dominic, Judge
sd/- Dama Seshadri Naidu, Judge
css/ true copy
P.S.TO JUDGE
1 issue framed by the court
Whether the petitioner is entitled to police protection for the construction of a mobile telecommunication tower.
INDUS TOWERS LTD.
STATE OF KERALA
THE DISTRICT TELECOM COMMITTEE
THE DISTRICT POLICE CHIEF
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
