Petitioner, a telecom infrastructure company, sought direction to police for protection to construct a tower despite resistance. An interim order was previously granted. Court deemed sufficient submissions on compliance and closed the petition, making the interim order absolute.
Writ petition closed by making the interim order absolute.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942 WP(C).No.16133 OF 2020(N)
PETITIONER:
INDUS TOWERS LIMITED, 8TH FLOOR, VANKARATH TOWER, PALARIVATTOM - 682 024. (REPRESENTED BY ITS HEAD-LEGAL-MR.RAJKUMAR PAVOTHIL, S/O.P.NARENDRAN, AGED 41 YEARS, RESIDING AT MIDHILA, THAMARAKULANGARA, THRIPUNITHURA).
BY ADV. SRI.P.DEEPAK
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM - 675 034.
2 THE STATION HOUSE OFFICER VILAPPILLSALA POLICE STATION, THIRUVANANTHAPURAM - 695 573.
SRI K.P. HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, a company incorporated under the Companies Act, 1956 is engaged in offering passive infrastructure services to all telecom operators and other wireless service providers. The company has been issued with Ext.P1 building permit by the Vilappilsala Grama Panchayath for the construction of a telecommunication tower falling in Sy. No. 256/4-1 of Vilappil Village. While the company was engaged in the process of constructing the tower, they met with resistance from some unidentifiable persons. When work was disrupted, the petitioner approached the second respondent and requested for protection to enable them to carry out the work. According to them, no support was extended in spite of the fact that Telegraph and Telephone service has been declared as an essential service as per the Disaster Management Act, 2005 and also under the relevant provisions of the Essential Services Maintenance Act, 1968.
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passive infrastructure establishment and all other entities connected thereto. Instead of acting in terms of Exhibit P2, the Police are taking a lethargic attitude which gives an added impetus to antisocial elements to disrupt the work, contends the petitioner. They contend that due to the epidemic and containment issues, most of the people are forced to stay at home and work from home. Schools and Colleges are also closed, and the students are studying from home by utilising videoconferencing and other Internet facilities. According to the petitioner, infrastructure service providers provide the backbone and they are in the process of building infrastructure to cope up with the unprecedented demand for data to ensure that the entire population has access to Internet services for health, recreation and work without any disruption whatsoever. It is in the afore circumstances that the petitioner approached this Court seeking a direction to the respondents to provide adequate protection to the staff and employees of the petitioner to proceed with the construction of the telecommunication tower on the strength of Exhibit P1 permit without any threat, obstruction or hindrance from any person.
this Court had granted an interim order as prayed for.
counsel appearing for the petitioner submits that in terms of the interim
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order, the petitioner has been able to carry on with the work without obstruction. It is submitted that the petitioner is proceeding with the construction after obtaining all necessary permits and licenses and that there is no interdiction from any court of law or any other authority.
protection is being granted to the petitioner to carry out the construction.
In view of the said submission, this Writ Petition is closed by making the interim order absolute.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
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APPENDIX
PETITIONER(S) EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED ON 08/06/2020 BY VILAPPILSALA GRAMA PANCHAYATH. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 24/03/2020 OF DEPARTMENT OF TELECOMMUNICATIONS, MINISTRY OF TELECOMMUNICATIONS, GOVERNMENT OF INDIA, ERNAKULAM, KERALA. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 31/07/2020 FILED BEFORE THE 2ND RESPONDENT.
RESPONDENT(S) EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
2 issues framed by the court
Whether the police must provide protection to telecom infrastructure providers for tower construction.
Whether an interim order granting protection against obstruction should be made absolute.
Indus Towers Limited
The District Police Chief, Thiruvananthapuram
The Station House Officer Vilappillsala Police Station
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
