Indus Towers Limited vs District Telecom Committee
2021 Latest Caselaw 16685 Ker

WP(C) NO. 15618 OF 2021      1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                    WP(C) NO. 15618 OF 2021
PETITIONER/S:

          INDUS TOWERS LIMITED
          8TH FLOOR, VANKARATH TOWERS, N H BYPASS,
          PALARIVATTOM, KOCHI-682024, REPRESENTED BY ITS
          AUTHORIZED SIGNATORY, SRI. RAJKUMAR PAVOTHIL.

          BY ADVS.
          A.KUMAR
          P.J.ANILKUMAR
          G.MINI(1748)
          P.S.SREE PRASAD
          JOB ABRAHAM
          AJAY V.ANAND



RESPONDENT/S:

    1     DISTRICT TELECOM COMMITTEE,
          DISTRICT COLLECTORATE, CIVIL STATION BUILDING, CIVIL
          STATION ROAD, THIRUVANANTHAPURAM-695043,
          REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR.

    2     COMMISSIONER OF POLICE,
          POLICE GROUND, CV RAMAN PILLAI RD., THYCAUD,
          THIRUVANANTHAPURAM, KERALA-695014.

    3     THE STATION HOUSE OFFICER,
          KADINAMKULAM POLICE STATION, KADINAMKULAM,
          THIRUVANANTHAPURAM-695303.

    4     KADINAMKULAM GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, BY PASS JUNCTION,
          KAZHAKKUTTOM, TRIVANDRUM, KERALA-695582.

          SRI SAYED M THANGAL, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15618 OF 2021                2



                                  JUDGMENT

Indus Towers Ltd., the petitioner herein, is a Company incorporated

under the Companies Act and a Passive Infrastructure Service Provider

registered with the Department of Telecommunications, Ministry of

Communications and IT, Government of India. They have approached this

Court seeking directions to respondents 2 and 3 to implement Exhibit-P3 order

passed by the District Telecom Committee by which police protection was

granted to the petitioner to enable them to carry out the construction of the

telecommunication tower covered by Exhibit-P2 building permit.

2. Sri. A. Kumar, the learned counsel appearing for the petitioner,

submits that by Exhibit-P3 order the District Telecom Committee has issued

direction to the Station House Officer to grant sufficient protection to the

petitioner to carry out the construction of the Tower. On the strength of

Exhibit-P3, they approached the Station House Officer, Kadinamkulam Police

Station and filed Ext.P4 representation. However, no assistance has been

granted, is the contention. It is in the afore circumstances that the petitioner

is before this Court.

3. I have heard the learned Government Pleader as well.

4. The records produced by the petitioner would reveal that the local

authority has issued Ext.P2 building permit to the petitioner to carry out the

construction of a telecommunication tower. When objections were raised on

various grounds, the petitioner had approached the District Telecom

Committee and after considering all relevant aspects, the objections raised by

the objectors were rejected and the Station House Officer was directed to

afford sufficient protection for the construction of the tower.

5. Having regard to the facts and circumstances and the submissions

made across the bar, there will be a direction to respondents 2 and 3 to

ensure that the petitioner is able to carry out and complete the construction of

the telecommunication tower on the strength of Exhibit P2 permit and Exhibit

P3 order without any obstructions from any quarters.

This writ Petition will stand disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 15618/2021

PETITIONER EXHIBITS

Exhibit P1 THE POWER OF ATTORNEY EXECUTED BY CEO IN FAVOUR OF THE DEPONENT SIGNATORY DATED 12.6.2020.

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 31.8.2019.

Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT TELECOM COMMITTEE DATED 10.7.2021.

Exhibit P4 TRUE COPY OF THE COMMUNICATION ALONG WITH ACKNOWLEDGMENT DATED 19.7.2021.

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.18648/2018 DATED 19.6.2018 OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS:NIL