Indus Towers Limited vs The District Telecom Committee
2021 Latest Caselaw 22666 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 18940 OF 2021
PETITIONER:

          INDUS TOWERS LIMITED,
          8TH FLOOR, VANKARATH TOWER, PALARIVATTOM-682 024,
          (REPRESENTED BY ITS HEAD-LEGAL-MR. RAJKUMAR PAVOTHIL,
          S/O.P.NARENDRAN, AGED 41 YEARS, RESIDING AT MIDHILA,
          THAMARAKULANGARA, THRIPUNITHURA).

          BY ADV.SRI.P.DEEPAK


RESPONDENTS:

    1     THE DISTRICT TELECOM COMMITTEE,
          KOZHIKODE, REPRESENTED BY ITS CHAIRMAN & DISTRICT
          COLLECTOR, COLLECTORATE, KOZHIKODE-673 020.

    2     DIVYA P.K, PUTHUSERIKUNNUMMAL, KARUVANOOR POST,
          NADUVANOOR, KOYILANDI, KOZHIKODE-673 614.

    3     SEENATH ASHARF, NADAPUTHUSERY, KARUVANOOR POST,
          NADUVANOOR, KOYILANDI, KOZHIKODE-673 614.

    4     THE STATION HOUSE OFFICER,
          PERAMBRA POLICE STATION, KOZHIKODE-673 525.

          SRI.E C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18940 OF 2021
                                    -2-

                                 JUDGMENT

The petitioner, who is stated to be an

infrastructure provider for telecommunication

purposes, has approached this Court alleging that

even though they have putting up a

telecommunication tower and allied machinery under

all valid consents, permissions and licences, they

have been obstructed by certain persons, namely

respondents 2 and 3 and their men, making certain

untenable demands. They say that they, therefore,

approached the 4th respondent - Station House

Officer, through Ext.P5 seeking protection; but

that since no action has been taken thereon, they

have been constrained to approach this Court

through this writ petition.

2. I have heard Sri.P.Deepak - learned

counsel for the petitioner and Sri.E.C.Bineesh -

learned Government Pleader appearing for the WP(C) NO. 18940 OF 2021

official respondents.

3. Even though notices from this Court have

been validly served on respondents 2 and 3, they

have chosen not to be present in person or to be

represented through counsel; thus inferentially

guiding me to the impression that they have

nothing to offer in answer to the allegations made

in this Writ Petition.

4. Sri.E.C.Bineesh, learned Government Pleader

appearing on behalf of the official respondents,

in response to the afore submissions, made on

behalf of the petitioner by their learned counsel

- Sri.P.Deepak, submitted that since the

petitioner - Company appears to be having all the

relevant and necessary licences and consents to

continue with the construction, there will not be

any impediment for the Police Authorities to act

as and when there is an attempt of commission of

any offence by any person. He prayed that this WP(C) NO. 18940 OF 2021

Court may, therefore, dispose of this writ

petition leaving liberty to the Police to act as

per law, when the situation arises.

5. In response, Sri.P.Deepak - learned counsel

for the petitioner, showed me the proceedings of

the Ministry of Communication, under which they

have directed the District Collectors and

competent Police Authorities to afford all

necessary assistance to entities like his client,

to continue with the construction of the Telecom

towers and such other infrastructural

requirements. He asserted that, therefore, the

Police Authorities are now duty bound to afford

his client proper protection.

6. When I consider the afore submissions, it

is clear that the stand of the official

respondents is that they are willing to ensure

that law and order is maintained and that

commission of any cognizable offence will be dealt WP(C) NO. 18940 OF 2021

with by them as per law. I am, therefore, of the

firm view that this Court will be justified in

disposing of this writ petition with the following

directions.

7. Resultantly, the competent respondents are

directed to ensure that law and order is

maintained in the area where the construction

activities by the petitioner - company are going

on; and to take necessary and adequate steps to

avert any cognizable offence, but if it is brought

to their notice that such attempt is being made,

then to take necessary action under the provisions

of applicable law, without any avoidable delay.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18940 OF 2021

APPENDIX OF WP(C) 18940/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED ON 27.2.2021

EXHIBIT P2 A TRUE COPY OF THE EMF CERTIFICATION ISSUED ON 3.2.2021

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 6.8.2021 PREFERRED BEFORE THE 1ST RESPONDENT

EXHIBIT P4 A TRUE COPY OF GO(MS) NO 31/2014/ITD DATED 5.11.2014

EXHIBIT P5 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT ON 4.9.2021

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 24.3.2020 OF DEPARTMENT OF TELECOMMUNICATIONS (GOI)

EXHIBIT P7 A TRUE COPY OF JUDGMENT DATED 24.7.2020 IN WPC NO 12474 OF 2020

EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 6.9.2021 IN WPC NO 18045 OF 2021

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE