Disposed

M/S Reliance Jio Infocomm Limited ( v. the District Collector, Thiruvananthapuram

Kerala HC23 Sept 2022WP(C)/22877/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a telecom company seeking police protection and mandatory compliance with meeting proceedings for telecom tower construction. With no appearance by respondents, the Court declined to pass a general rule but made an interim order on prior grounds directing police protection if obstruction occurs towards permitted activity.

What did the court decide?

Petition closed with no specific final orders passed, as interim protection was already directed.

M/S Reliance Jio Infocomm Limited ( Vs the District… — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 23^RD DAY OF SEPTEMBER 2022 / 1ST ASWINA, 1944 WP(C) NO. 22877 OF 2022

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PETITIONERS:

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1 M/S RELIANCE JIO INFOCOMM LIMITED (RJIL) HAVING ITS REGISTERED OFFICE AT OFFICE -101, SAFFRON, NR. CENTRE POINT, PANCHWATI 5 RASTA, AMBAWADI, AHMEDABAD380006, GUJARAT, INDIA WITH ITS REGIONAL OFFICE AT PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM, PALARIVATTOM, COCHIN-682025 (FORMERLY KNOWN AS INFOTEL BROADBAND SERVICES LIMITED) REPRESENTED BY ITS SENIOR MANAGER LEGAL, ARULKUMAR.PUTHUKKUDI, AGED 48 YEARS, S/O.BALAKRISHNAN NAIR.

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2 M/S SUMMIT DIGITAL INFRASTRUCTURE PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT OFFICE -101, SAFFRON, NR. CENTRE POINT, PANCHWATI 5 RASTA, AMBAWADI, AHMEDABAD380006, GUJARAT, INDIA AND HAVING ITS REGIONAL OFFICE AT PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM, PALARIVATTOM, COCHIN-682025 REPRESENTED BY ITS SENIOR MANAGER LEGAL, ARULKUMAR.PUTHUKKUDI, AGED 48 YEARS, S/O.BALAKRISHNAN NAIR.

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BY ADVS. P.SATHISAN DONA AUGUSTINE

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM CHAIRMAN DISTRICT TELECOM COMMITTEE, 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, KUDAPPANAKUNNU P.O., KERALA 695043.

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2 DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM, OFFICE OF DISTRICT POLICE CHIEF, UNIVERSITY OF KERALASENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PMG JUNCTION P.O., KERALA 695033.

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3 STATION HOUSE OFFICER, POZHIYOOR POLICE STATION. VIRALY RD, POZHIYOOR P.O.,

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WP(C) NO. 22877 OF 2022

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THIRUVANANTHAPURAM-695513.

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4	KARODE GRAMA PANCHAYAT, THIRUVANNATHAPURAM KULATHOOR P.O., REPRESENTED THROUGH ITS SECRETARY, THIRUVANNATHAPURAM-695506.
5	SECRETARY, KARODE GRAMA PANCHAYAT, KULATHOOR P.O., THIRUVANNATHAPURAM-695506.
6	SACHIN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS THENKARATHALA VEEDU, KUZHINJAM VILA KARODU.P.O., THIRUVANANTHAPURAM-695506.
7	STEEPHEN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS THENKARATHALA VEEDU, KUZHINJAM VILA ,KARODU.P.O., THIRUVANANTHAPURAM-695506.
8	LASER, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS KUNCHUVEETTU VILA VEEDU, KUZHINJAM VILA, KARODU.P.O., THIRUVANANTHAPURAM -695506.
9	JAYA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS KUNCHUVEETTU VILA VEEDU, KUZHINJAM VILA KARODU.P.O., THIRUVANANTHAPURAM -695506.
10	MADHAVAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER KUNCHUVEETTUVILA VEEDU, KUNAMVILA, KARODU.P.O., THIRUVANANTHAPURAM-695506. BY ADVS. KULATHUR S.V. PREMAKUMARAN NAIR R.T.PRADEEP M.BINDUDAS K.C.HARISH T.K.SHAJAHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 22877 OF 2022

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JUDGMENT

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Dated this the 23^rd day of September, 2022

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This writ petition is filed seeking the following reliefs:-

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i. Issue a writ of mandamus or such other writ or direction directing respondents 2 and 3 to extend adequate and effective police protection, from respondents 6 to 10, their agents or men, to petitioner, its workers, men, or agents for the construction/roll out and for operation of telecom tower in the property covered by Exhibit P1 building permit.

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ii. To issue a writ of mandamus or such other writ or direction directing respondents 2 and 3 to comply and implement Exhibit P2 by 1^st respondent with immediate effect.

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Heard the learned counsel for the petitioner and the learned Government Pleader. Though notice was taken out to the contesting party respondents, there is no appearance for the said respondents.

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An interim order was passed as early as on 14/7/2022 directing as follows:-

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“In case the petitioners face any obstruction from the party respondents 6 to 10 or anybody claiming through them for the

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WP(C) NO. 22877 OF 2022

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activity duly permitted by Ext.P2, the petitioners may inform the Station House Officer, who shall afford adequate protection for the

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permitted activity as per Ext.P2.”

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The interim order shall remain in force till the construction of

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the tower is complete.

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This writ petition is closed accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

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WP(C) NO. 22877 OF 2022

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APPENDIX OF WP(C) 22877/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO.A3-BA(208065)/2022 DATED 23.06.2022 ISSUED BY KARODU GRAMA PANCHAYATH. Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING OF 1ST RESPONDENT, DTC DATED 07.07.2022. Exhibit P3 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 11.07.2022. Exhibit P4 COPY OF THE GOVERNMENT NOTIFICATION NO.DOT/KRL/6-14/DM-CORR/201920 DATED 24.03.2020.

M/S Reliance Jio Infocomm Limited ( v. the District Collector, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

M/S Reliance Jio Infocomm Limited ( v. the District Collector, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

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