The Court refused to grant police protection for energising a telecommunication tower while a Panchayath resolution directed its dismantling. The Court directed the Panchayath Secretary to communicate the resolution to the petitioner within ten days, noting that judicial remedies remain open against the resolution.
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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. 23378 of 2017 (V)
PETITIONER(S):
INDUS TOWERS LIMITED, CIRCLE OFFICE AT:VANKARATH TOWERS, 8TH FLOOR, NH-47, PALARIVATTOM, KOCHI.24, REPRESENTED BY HEAD LEGAL-MR. PREMKRISHNAN NAIR.
BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE SRI.E.RADHAKRISHNAN SRI.JEPH JOSEPH
RESPONDENT(S):
WP(C).No. 23378 of 2017 (V) : 2 :
R6,R7&8 BY ADV. SRI.C.S.AJITH PRAKASH R6,R7&8 BY ADV. SRI.T.K.DEVARAJAN R6,R7&8 BY ADV. SRI.K.PRADEEPAN R6,R7&8 BY ADV. SRI.BIJITH S.KHAN R6,R7,R&8 BY ADV. SMT.APARNA UDAYAKUMAR R9 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA R BY SRI P.P. THAJUDEEN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23378 of 2017 (V) : 3 :
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, NATIONAL CAPITAL 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 SENT BY THE DIRECTOR (CS-III) OF THE MINISTRY OF COMMUNICATIONS & IT DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI.
EXHIBIT P6 COPY OF BUILDING PERMIT BL NO.53/09 DATED 12.8.2009.
EXHIBIT P7 COPY OF JUDGMENT DATED 12.10.2009 PASSED BY THIS HON'BLE COURT IN WP(C) NO.27437/2009 AND CONNECTED CASES (INCLUDING WP(C) NO.25663/2009)
EXHIBIT P8 COPY OF OCCUPANCY CERTIFICATE.
EXHIBIT P9 COPY OF NOTICE DATED 31.01.2011 ISSUED BY THE SECRETARY OF THE 9TH RESPONDENT PANCHAYAT.
EXHIBIT P10 COPY OF JUDGMENT DATED 3.10.2013 PASSED BY THIS HON'BLE COURT IN WP(C) NO.9444/2012.
EXHIBIT P11 COPY OF REPRESENTATION DATED 28.6.2017 SEND TO THE 2ND RESPONDENT.
EXHIBIT P12 COPY OF POSTAL RECEIPTS.
EXHIBIT P13: COPY OF REPRESENTATION DATED 03.08.2017 SUBMITTED BEFORE THE SECRETARY OF THE 9TH RESPONDENT PANCHAYATH.
EXHIBIT P14: COPY OF REPRESENTATION DATED 08.08.2017 SUBMITTED BEFORE THE SECRETARY OF THE 9TH RESPONDENT PANCHAYATH.
RESPONDENT(S)' EXHIBITS: NIL
True Copy/
rv P.A to Judge.
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
------------------------------------------W.P.(C) No. 23378 of 2017 (V)
-----------------------------------------Dated this the 1st day of November, 2017.
JUDGMENT
Antony Dominic,J.
This writ petition was filed seeking orders of police protection for energising a telecommunication tower constructed by the petitioner in Survey Nos. 878/2 and 878/3 of Pothanicad village in Kothamangalam Taluk.
W.P.(C) No. 23378/2017
-2-
position to ascertain why further action pursuant to Ext.R6(b) was not taken, and that due to the pendency of the writ petition, further steps are kept in abeyance, and that he is willing to take the matter to its logical conclusions.
This writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
DAMA SESHADRI NAIDU, JUDGE.
Rv
W.P.(C) No. 23378/2017 -3-
3 issues framed by the court
Whether police protection can be granted for energising a telecommunication tower when a Panchayath resolution directing its dismantling is in force.
Whether the Panchayath resolution preventing the tower from being energised needs to be communicated to the petitioner.
What order must be passed regarding the communication of the Panchayath resolution to the petitioner.
INDUS TOWERS LIMITED
STATE OF KERALA
THE DISTRICT POLICE CHIEF
THE DEPUTY SUPERITENDENT OF POLICE
THE CIRCLE INSPECTOR OF POLICE
THE SUB INSPECTOR OF POLICE
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
