Reliance Jio Infocomm Limited vs State Of Kerala
2021 Latest Caselaw 20751 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                       WP(C) NO. 20230 OF 2021
PETITIONERS:

    1     RELIANCE JIO INFOCOMM LIMITED
          PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM,
          PALARIVATTOM, KOCHI - 682 024 REPRESENTED BY ITS
          AUTHORIZED SIGNATORY SHRI.ARUL KUMAR.

    2     SUMMIT DIGITEL INFRASTRUCTURE PRIVATE LIMITED
          PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM,
          PALARIVATTOM, KOCHI - 682 024 REPRESENTED BY ITS
          AUTHORIZED SIGNATORY SHRI.ARUL KUMAR.

          BY ADVS.
          G.HARIKUMAR (GOPINATHAN NAIR)
          AKHIL SURESH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2     DISTRICT POLICE CHIEF
          PAVAMANI RD., AZHEKKOD, KOZHIKODE, KERALA - 673 004.

    3     DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF DYSP, PUTHIYAPPU, VADAKKARA, KOZHIKODE - 673
          101.



          SRI E C BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20230 OF 2021
                                    2



                                 JUDGMENT

The petitioners are stated to be engaged in the installation of

a Mobile Communication Tower and they say that even though

they are doing so under valid licences and consents from all the

statutory Authorities, certain persons in the locality - who are

indeterminate in number and therefore, unable to be identified to

be brought on record - have been causing illegal obstruction to the

said construction. They say that they, therefore, approached the 3 rd

respondent - Deputy Superintendent of Police, through Ext.P7

complaint, seeking protection; but that since no action was taken

thereon, they have been constrained to approach this Court

through this writ petition.

2. Sri.Harikumar.G.Nair - learned counsel for the

petitioners, added that, as is evident from Exts.P3, P4, P5 and P6,

the competent District Telecom Authority has already permitted

his clients to make the construction and thus asserted that the

obstruction caused to it by certain vested interests is illegal; his WP(C) NO. 20230 OF 2021

clients being consequently entitled to obtain sufficient protection

from the police.

3. Sri.E.C.Bineesh - the learned Government Pleader

appearing for the respondents, submitted that, pursuant to the

interim order of this Court dated 27.09.2021, the 3rd respondent

has been affording necessary and effective protection to the

petitioners and that their construction and installation of the

Tower is still going on. He submitted that the police will continue

to do so and prayed that this writ petition be disposed of on such

terms.

Taking note of the afore submissions, I allow this writ

petition, confirming the interim order dated 27.09.2021;

consequently, directing the 3rd respondent to ensure that the

petitioners and their employees are afforded adequate and

effective protection, while they carry on their legal activities of

construction and installation of the Tower, without any let or

interference from any person.

Needless to say, the 3rd respondent will also ensure that law WP(C) NO. 20230 OF 2021

and order in the area, where the construction is going on, is

maintained and that no one is allowed to breach peace in any

manner in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/05/10/2021 WP(C) NO. 20230 OF 2021

APPENDIX OF WP(C) 20230/2021

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF LETTER NO.IT-B1/23/2020-ITD DATED 16/11/2020.

Exhibit P2 A TRUE COPY OF THE CIRCULAR NO.AS-25/1/2019-

OFFICE OF DIR (AS-V) DATED 21/03/2020.

Exhibit P3 A TRUE COPY OF THE SITE APPROVAL & BUILDING PERMIT NO.A1/732/2020 DATED 07/03/2020.

Exhibit P4 A TRUE COPY OF THE EMF CERTIFICATE DATED 17/01/2020.

Exhibit P5 A TRUE COPY OF THE ORDER OF THE DISTRICT TELECOM COMMITTEE DATED 17/06/2021.

Exhibit P6 A TRUE COPY OF THE INSTRUCTION FROM KERALA STATE DISASTER COORDINATOR, GOVERNMENT OF INDIA DATED 24/03/2020.

Exhibit P7 A TRUE COPY OF THE COMPLAINT DATED 25/08/2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF THE COMPLAINT DATED 26/08/2021 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P9 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.18780/2020 AND CONNECTED CASES DATED 14/09/2020 OF THIS HON'BLE COURT.

Exhibit P10 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.27721/2020 AND CONNECTED CASES DATED 30/11/2020.

Exhibit P11 A TRUE COPY OF THE ORDER IN THE WP(C) NO.18917/2021 DATED 14/02/2020 OF THIS HON'BLE COURT.