Kerala High Court
M/S. Atc Telecom Infrastructure ... vs The District Telecom Committee on 8 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
WP(C).No.26506 OF 2020(K)
PETITIONER:
M/S. ATC TELECOM INFRASTRUCTURE PRIVATE LTD.
ATC HOUSE, 65/1826-28,
CHERAMANGALATH, SHENOY ROAD,
KALOOR P. O., ERNAKULAM DISTRICT,
KOCHI - 682 017,
REPRESENTED BY SENIOR MANAGER (LEGAL)
MR. BABU PATTATHANAM.
BY ADVS.
SRI. P. PAULOCHAN ANTONY
SRI. G. AJITH KUMAR
SRI. S. SUNIL KUMAR
RESPONDENTS:
1 THE DISTRICT TELECOM COMMITTEE
KOLLAM REPRESENTED BY ITS CHAIRMAN (DISTRICT
COLLECTOR), COLLECTORATE,
CIVIL STATION ROAD,
KOLLAM - 691 013.
2 THE DISTRICT POLICE CHIEF
KOLLAM,
KOLLAM DISTRICT,
KOLLAM - 691 001.
3 THE STATION HOUSE OFFICER
KOLLAM WEST POLICE STATION,
BEHIND TEMPLE ROAD,
COLLECTORATE,
ANANDAVALEESWARAM,
KOLLAM - 691 013.
* THE SECRETARY,
ADDL. KOLLAM MUNICIPAL CORPORATION,
R4 KOLLAM-691001.
*IMPLEADED AS PER ORDER DATED 11-02-2021 IN
I.A.1/2021.
W.P(C).No.26506 OF 2020
2
* MRS. EUPHRINE MOTHA
ADDL. W/O. ELPHIN, AGED 73,
R5 ANANYA NAGAR 54,
PUNNATHALA SOUTH,
KOLLAM-691012.
*IMPLEADED AS PER ORDER DATED 11-02-2021 IN I.A.
NO.3/2021.
SRI. C. S. SUMESH
ADDL R4 - SRI. M.K.CHANDRAMOHAN DAS,SC,KOLLAM MPT
ADDL R5 - SRI. ARUN BABU
SRI. SUNILNATH N.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).No.26506 OF 2020
3
JUDGMENT
The petitioner, a Telecom infrastructure provider to mobile
cellular operators, has filed this writ petition under Article 226 of
the Constitution of India seeking a writ of mandamus commanding
respondents 2 and 3 to provide effective and adequate police
protection to the petitioner's workers and staff for constructing the
telecommunication tower at Re-Survey No.22 in Kollam West
Village, without any obstruction from the intruders in the light of
Ext.P1 building permit and Ext.P3 circular issued by the Ministry of
Communications, Government of India.
2. On 01.12.2020, when this writ petition came up for
admission, notice before admission was ordered to respondents.
The learned Government Pleader took notice for the respondents.
This Court granted an interim order directing the 3rd respondent to
ensure that law and order is maintained.
3. The additional 5th respondent has filed a counter
affidavit opposing the relief sought for in this writ petition.
4. Heard the learned counsel for the petitioner, the learned
Government Pleader for respondents 1 to 3, the learned Standing
Counsel for the additional 4th respondent and also the learned
W.P(C).No.26506 OF 2020
counsel for the additional 5th respondent.
5. The document placed on record as Ext.P5 is a copy of
the interim order granted by the Tribunal for Local Self Government
Institutions in I.A No.99 of 2021 in Appeal No.45 of 2021, which is
one filed by the petitioner challenging Ext.P4 stop memo dated
19.01.2021 issued by the Secretary of Kollam Municipal
Corporation. During the pendency of this writ petition the Tribunal
for Local Self Government Institutions in Appeal No.59 of 2021
stayed the operation of Ext.P1 building permit granted by Kollam
Municipal Corporation dated 14.08.2020.
6. Today, when this writ petition is taken up for
consideration, the learned counsel for the petitioner seeks
permission to withdraw this writ petition, in view of the order of
stay granted by the Tribunal for Local Self Government Institutions
in Appeal No.59 of 2021 and without prejudice to the right of the
petitioner to move this Court afresh, after the disposal of that
appeal.
Recording the above submission made by the learned counsel
for the petitioner this writ petition is dismissed as withdrawn
without prejudice to the right of the petitioner to approach the
W.P(C).No.26506 OF 2020
appropriate forum, seeking police protection, after the disposal of
Appeal No.59 of 2021 pending before the Tribunal for Local Self
Government Institutions.
Sd/-
ANIL K. NARENDRAN,
JUDGE
SPR
W.P(C).No.26506 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.TP
7/22442/20 DATED 14/08/2020 ISSUED BY THE
KOLLAM MUNICIPAL CORPORATION.
EXHIBIT P2 TRUE COPY OF THE REQUEST FOR POLICE
PROTECTION SUBMITTED TO RESPONDENT NO.2
BY THE PETITIONER DATED 14/09/2020.
EXHIBIT P2(a) TRUE COPY OF THE REQUEST FOR POLICE
PROTECTION SUBMITTED TO RESPONDENT NO.2
BY THE PETITIONER DATED 08/10/2020.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.DOT/KRL/6-
14/DM-CORR/2019-20 DATED 07/09/2020 BY
THE MINISTRY OF TELECOMMUNICATIONS,
GOVERNMENT OF INDIA.
EXHIBIT P4 TRUE COPY OF THE STOP MEMO NO-
PW2/PW8/PW10(TP) 4028/01 VOL.II DATED
19.01.2021 ISSUED BY THE KOLLAM MUNICIPAL
CORPORATION.
EXHIBIT P5 TRUE COPY OF THE ORDER IN I.A NO: 99/2021
IN APPEAL NO : 45/2021 OF HON'BLE
TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM DATED
27.01.2021.
EXHIBIT P6 TRUE COPY OF THE EMAIL COMMUNICATION OF
RESPONDENT NO-1 DATED 29.10.2020.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) THE TRUE COPY OF THE REPRESENTATION DATED
25.01.2020 FILED BEFORE THE DISTRICT
TELECOM AUTHORITY, KOLLAM.
EXHIBIT R5(A) THE TRUE COPY OF THE RELEVANT PAGES OF
THE NUMBER DIT. DEV-(IT) 2005 (MISC)-96,
DATED 21ST JUNE 2017.
EXHIBIT R5(B) THE TRUE COPY OF THE RELEVANT PORTIONS OF
W.P(C).No.26506 OF 2020
THE NOTIFICATION DATED 29 MAY 2019
BEARING NUMBER UDD 211 GEL 2014.
EXHIBIT R5(C) THE TRUE COPY OF THE RELEVANT PORTIONS OF
THE STUDY PUBLISHED IN INTERNATIONAL
JOURNAL OF ENGINEERING AND ADVANCED
TECHNOLOGY (IJEAT) IN FEBRUARY 2020.
