Kerala High Court
M/S. Indus Towers Limited vs The District Telecom Committee on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12750 OF 2024
PETITIONER:
M/S. INDUS TOWERS LIMITED, 8 TH FLOOR,
VANKARATH TOWERS, NH BYPASS, PALARIVATTOM,
COCHIN - KERALA, INDIA, REPRESENTED BY ITS
AUTHORISED SIGNATORY, MR. V. G SALEESH -
ASSISTANT MANAGER - LEGAL, KERALA CIRCLE
COMPRISING OF STATE OF KERALA., PIN - 682024.
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
KESHAVRAJ NAIR
P.RAJKUMAR
ARUN POOMULLI
PREETHA S CHANDRAN
ABHIJITH SREEKUMAR
ANAND REMESH
ABHIRAM.S.
C.R.REKHA
GAADHA SURESH
VISWANATH JAYAN
RESPONDENTS:
1 THE DISTRICT TELECOM COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,
COLLECTORATE, TRISSUR, PIN - 680002.
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE COMMISSIONER OF POLICE,
SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
TRISSUR DISTRICT, PIN - 680001.
3 THE STATION HOUSE OFFICER,
MATHILAKAM POLICE STATION,
TRISSUR DISTRICT, PIN - 680681.
4 MR.NOUHAD, S/O MUHAMMAD
KAZHIKANDATHIL HOUSE
MATHILAKAM POST, MATHILAKAM
TRISSUR DISTRICT, PIN - 680685
WP(C) NO. 12750 OF 2024
-2-
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 12750 OF 2024
-3-
JUDGMENT
The petitioner is stated to be a Telecom Infrastructure provider and to be presently constructing a Telecom Tower, under all valid licences and consents. They say that, however, the 4th respondent and persons affiliated with him, are now causing unnecessary obstruction and impediment to their construction, meting out threats and intimidation to their workers; and hence that they approached the 3rd respondent - Station House Officer for protection, through Ext.P7; but which has not been acceded to until now. They explain that they are, therefore, left without any other option, but to have approached this Court through this Writ Petition.
2. In response to the afore submissions of Sri.P.Rajkumar - learned counsel for the petitioner, the learned Government Pleader - WP(C) NO. 12750 OF 2024 -4- Sri.P.M.Shameer, submitted that the Police have already taken note of the complaint of the petitioner and are affording them and their employees adequate and effective protection, as has been ordered by this Court in the interim order dated 27.03.2024. He submitted that there are no law and order issues and that the 4th respondent, or his men, did not cause any threat or intimidation; and hence prayed that this Writ Petition be so ordered.
3. The files reveal that notice to respondent No.4 has been served through a Special Messenger deputed by this Court; however, he is neither present in person nor represented through counsel today, thus inferentially guiding me to the impression that he has nothing to offer in opposition to the reliefs sought for by the petitioner in this Writ Petition.
WP(C) NO. 12750 OF 2024 -5- In the afore circumstances, I allow this Writ Petition, confirming the interim order dated 27.03.2024; with a consequential direction to the 3rd respondent - Station House Officer, to ensure that the petitioner and their employees are afforded adequate and effective protection against every threat in future and that no one is allowed to take law into their own hands or to commit breach of peace in any manner whatsoever in the area in question.
The 2nd respondent - District Police Chief, is hereby ordered to oversee the afore directions to be complied with implicitly.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 12750 OF 2024 -6- APPENDIX OF WP(C) 12750/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR INFRASTRUCTURE PROVIDER CATEGORY-I (IP-I) BEARING REGISTRATION CERTIFICATE NO:145/2007 GRANTED TO THE PETITIONER DATED 25.01.2007 BY THE MINISTRY OF COMMUNICATIONS AND IT, GOVERNMENT OF INDIA EXHIBIT P2 A TRUE COPY OF CERTIFICATE OF INCORPORATION BEARING CORPORATE IDENTIFICATION NUMBER (CIN):
L64201HR2006PLC073821 PURSUANT TO NAME CHANGE ISSUED BY REGISTRAR OF COMPANIES DATED 10.12.2020 EXHIBIT P3 A TRUE COPY OF THE INTIMATION DATED 02.11.2023 SUBMITTED BY THE PETITIONER ON 13.11.2023 BEFORE THE MATHILAKAM GRAMA PANCHAYATH EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 13.11.2024 ISSUED BY THE MATHILAKAM GRAMA PANCHAYATH TOWARDS THE INTIMATION SUBMITTED BY THE PETITIONER FOR BUILDING PERMIT EXHIBIT P5 TRUE COPY OF THE FEE PAID RECEIPT NO:1230102835/G081403 DATED 13.11.2023 ISSUED BY THE MATHILAKAM GRAMA PANCHAYATH EXHIBIT P6 A TRUE COPY OF THE ORDER ISSUED BY THE 1 ST RESPONDENT DATED 27.02.2024 EXHIBIT P7 A TRUE COPY OF THE REQUEST LETTER DATED 15.03.2024 ISSUED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT ALONG WITH ACKNOWLEDGEMENT