IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.11294 OF 2020(J)
PETITIONER:
INDUS TOWERS LIMITED,
CIRCLE OFFICE AT VANKARATH TOWERS, 8TH FLOOR, NH 47
PALARIVATTOM COCHIN-24, REPRESENTED BY ITS AUTHORIZED
OFFICER HEAD LEGAL, RAJKUMAR POVATHIL, AGED 42 YEARS,
S/O. P NARENDRAN, RESIDING AT MIDHILA, THAMARAMULANGARA,
TRIPUNITHURA P O.
BY ADVS.
SRI.P.SATHISAN
SMT.KRISHNA.G.NATH
SMT.DONA AUGUSTINE
RESPONDENTS:
1 COMMISSIONER OF POLICE,
KOCHI CITY, POLICE COMMISSIONARATE, REVENUE TOWER,
ERNAKULAM HEAD POST OFFICE P O, PIN-682011.
2 STATION HOUSE OFFICER,
THOPPUMPADY POLICE STATION, HARBER, TAGORE RD,
KARUVELIPADY, THOPPUMPADYP P.O, KOCHI, KERALA 682005.
3 DEPARTMENT OF TELECOMMUNICATION
O/O. SR. DEPUTY DIRECTOR GENERAL, DEPARTMENT OF
TELECOMMUNICATIONS, CTSD COMPLEX, GANDHI NAGAR,
KADAVANTHRA P O, ERNAKULAM -682020, REPRESENTED BY
ADDITIONAL DIRECTOR GENERAL (TECHNOLOGY) KERALA LSA.
4 KOCHI MUNICIPAL CORPORATION
REPRESENTED BY SECRETARY,
ERNAKULAM HEAD POST OFFICE P O, PIN-682011.
5 DISTRICT COLLECTOR,
1ST FLOOR, CIVIL STATION, KAKKANAND P.O.,
ERNAKULAM - 682030.
R3 BY ADV. SRI.P.VIJAYAKUMAR
R4 BY SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN
SRI PP THAJUDEEN, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11294 OF 2020 2
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.P5 building permit by the 4th respondent for installation of a tower in Sy. No.45/14-19 of Rameswaram Village, Ernakulam District. While the company was engaged in the process of establishing the tower, they are stated to have met with resistance from the residents of the locality. When work was disrupted, the petitioner approached the respondents 1 and 2 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.
2. The petitioner refers to Exhibit P4 communication issued by the Chairman, Kerala State Telecom Disaster Coordination Committee whereby directions have been issued to the District Administration and the Police to provide support to the telecom infrastructure providers and also to support the personnel for carrying out installation and maintenance and also to the passive infrastructure establishment and all other entities connected thereto. Instead of acting in terms of WP(C).No.11294 OF 2020 3 Exhibit P4, the Police are taking a lethargic attitude which gives an added impetus to antisocial elements to disrupt the work, contends the petitioner. 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 P5 permit without any threat, obstruction or hindrance from any person.
3. I have heard Sri. P.Sathisan, the learned counsel appearing for the petitioner and the learned Government Pleader.
4. The learned Government Pleader on instructions submitted that the District Telecom Committee has started functioning and in view of the directions issued by this Court in Indus Towers Ltd., Palarivattom v. Sub Inspector of Police, Thodupuzha and Ors [2014 (4) KLT 306], when an effective procedure has been provided for resolving all issues relating to installation or energizing of mobile transmission towers, the petitioner will have to exhaust such remedies.
5. I have considered the submissions advanced. This Court in Indus (supra) had held that it is for the DTC to consider all the aspects relating to erection of Mobile Telecommunication towers and take a decision. The learned Government Pleader submits that a decision can be taken in an expeditious manner. In that view of the matter, I direct the petitioner to approach the DTC for redressing their grievance and on submission of such representation, the DTC shall WP(C).No.11294 OF 2020 4 consider the same with notice to the affected parties and take a decision as expeditiously as possible.
6. Till orders are passed by the DTC, the 2nd respondent shall ensure that law and order is maintained.
This Writ Petition will stand disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru WP(C).No.11294 OF 2020 5 APPENDIX OF WP(C) 11294/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF CERTIFICATE OF INCORPORATION OF PETITIONER COMPANY.
EXHIBIT P2 TRUE COPY OF CERTIFICATE OF INCORPORATION OF PETITIONER COMPANY.
EXHIBIT P3 TRUE COPY OF PAPER PUBLICATION IN
MALAYALA MANORAMA DAILY DATED 06.06.2020
EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER DATED
06.05.2020
EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT DATED
11.03.2020 ISSUED BY THE MUNICIPAL
AUTHORITY.
EXHIBIT P6 TRUE COPY OF LETTER WITH ACKNOWLEDGMENT
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 14.05.2020.
EXHIBIT P7 TRUE COPY OF LETTER SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT DATED
01.06.2020.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE