Kerala High Court
M/S Vodafone Idea Ltd vs State Of Kerala on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 18259 OF 2021
PETITIONER:
M/S VODAFONE IDEA LTD., V.J.TOWER, SERVICE ROAD,
VYTILLA P.O., ERNAKULAM - 682 019, REP. BY ITS
GENERAL MANAGER-LEGAL, RAJESH M.V., AGED 51 YEARS,
S/O.M.V.RAGHAVAN, RESIDING AT VILLA NO.42,
ASSET KASAVU, TOG ROAD, SOUTH KALAMASSERY,
COCHIN - 683 104.
BY ADV P.SATHISAN
RESPONDENTS:
1 STATE OF KERALA, REP. BY HOME SECRETARY, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 695 001.
2 STATE CHIEF OF POLICE, POLICE HEAD QUARTERS,
VAZHUTHACAUD, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM - 695 010.
3 BHARTIYA PRIVATE TELECOM MAZDOOR SANGH
REPRESENTED BY ITS DY.GENERAL SECRETARY, MARAYIL LANE,
CHITTOOR ROAD, ERNAKULAM NORTH P.O., COCHIN - 682 018.
4 KERALA SAMSTHANA MOBILE PHONE TOWER EMPLOYEES UNION
(CITU), REG.NO.13/042014, HEAD OFFICE, (C.KANNAN
SMARAKA HALL),KANNUR P.O., PIN - 670 001.
5 M/S.HEXANET INFRA SOLUTIONS PVT.LTD.
4/448D, CHERUTHOTTIL, NEAR THURUTHI TEMPLE,
CHAMPAKKARA, MARADU P.O., ERNAKULAM - 682 304.
6 THE REGIONAL LABOUR COMMISSIONER (CENTRAL)
OFFICE OF THE REGIONAL LABOUR COMMISSIONER (C),
OLIMUGHAL, VAYU SENA ROAD, THRIKKAKARA, VAZHAKKALA P.O.,
KAKKANAD, KERALA - 682 021.
WPC 18259/21
2
7 THE DEPUTY LABOUR COMMISSIONER
ECHAMUKU, KUNNUMPURAM, PADAMUGHAL, VAZHAKKALA,
KAKKANAD P.O., KERALA - 682 030.
BY ADVS.
P.RAMAKRISHNAN
K.SIJU
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
SRI.E.C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 18259/21
3
JUDGMENT
The petitioner, which stated to be a Telecom
Service provider, has approached this Court alleging
that its sites and officers are being obstructed by
respondents 3 and 4 and their men for confutative
reasons. They say that, therefore, they have
approached the 2nd respondent with Ext.P14 request,
but alleges that no action has been taken thereon,
thus constraining them to have approached this Court
through this Writ Petition.
2. When this matter was called today,
Sri.T.C.Krishna - learned counsel for the 3rd
respondent and Sri.Siju Kamalasanan - learned
counsel for the 4th respondent, submitted that the
allegations in this Writ Petition against their
clients are wholly untrue and that they or their
members have not and do not intend to cause any
violation of law or obstruction in the activities of
the petitioner.
WPC 18259/21
3. Sri.T.C.Krishna, however, added that his
client has already raised a charter of demands
against the petitioner and that they suspect that
this Writ Petition has been filed as a pre-emptive
measure against his client pursuing their lawful
remedies. He, therefore, prayed that this Writ
Petition be dismissed; but reiteratingly asserting
that his client has not, in any manner, caused any
obstruction as has been alleged.
4. The learned Government Pleader -
Sri.E.C.Bineesh, appearing for respondents 1 and 2,
also affirmed that there have been no untoward
incidents reported with respect to the activities of
the petitioner, at the hands of the party
respondents and that the interim order granted by
this Court on 08.09.2021 has been implicitly
complied with.
Taking note of the afore submissions and in
particular those of Sri.T.C.Krishna and Sri.Siju
Kamalasanan, I allow this Writ Petition, confirming
WPC 18259/21
the interim order dated 08.09.2021; with a
consequential direction to the 2nd respondent to
ensure that instructions are given to all Station
House Officers to avert any threat or intimidation
to the lawful activities of the petitioner from any
source, including from respondents 3 and 4 and their
men.
Needless to say, the party respondents will be
at liberty to invoke and pursue their legal remedies
against the petitioner, if they are so interested,
but without taking law in to their hands.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 18259/21
APPENDIX OF WP(C) 18259/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF
LICENCE AGREEMENT OF PETITIONER COMPANY
DATED 11/10/2013.
Exhibit P2 TRUE COPY OF RELEVANT ESTIMATE OF THE
CERTIFICATE OF INCORPORATION OF
PETITIONER COMPANY DATED 31/08/2018.
Exhibit P2A TRUE COPY OF THE RELEVANT EXTRACT OF THE
MERGER ORDER OF PETITIONER COMPANY DATED
21/12/2017.
Exhibit P2B TRUE COPY OF THE RELEVANT EXTRACT OF THE
MERGER ORDER OF PETITIONER COMPANY DATED
11/01/2018.
Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE
AGREEMENT FOR THE PERIOD FROM 01/04/2021.
Exhibit P4 TRUE COPY OF THE REGISTRATION NO.CL/R-
06/05/ALC/EKM DATED 10/08/2006.
Exhibit P5 TRUE COPY OF THE FORM III ENDORSEMENT
DATED 05/07/2021.
Exhibit P6 TRUE COPY OF THE CHARTER OF DEMANDS DATED
08/03/2021.
Exhibit P6A TRUE COPY OF THE CHARTER OF DEMANDS DATED
12/03/2021.
Exhibit P7 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE REGIONAL LABOUR
COMMISSIONER (RLC) DATED 14/07/2021.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO.9958/2021 DATED 16/04/2021.
Exhibit P8A TRUE COPY OF THE JUDGMENT IN WP(C)
WPC 18259/21
NO.3208 OF 2021 DATED 03/05/2021.
Exhibit P9 TRUE COPY OF THE NOTICE ISSUED TO THE 5TH
RESPONDENT DATED 12/07/2021.
Exhibit P9A TRUE COPY OF THE NOTICE RECEIVED BY THE
PETITIONER DATED 12/07/2021.
Exhibit P10 TRUE COPY OF THE G.O.(RT)
NO.391/2021/DMD, THIRUVANANTHAPURAM DATED
30/04/2021.
Exhibit P11 TRUE COPY OF THE COB MESSAGE ISSUED BY
THE STATE POLICE CHIEF, KERALA DATED
22/04/2021.
Exhibit P12 TRUE COPY OF THE NOTIFICATION
NO.DOT/KRL/6-14/DM-CORR/2017-18 DATED
22/04/2021.
Exhibit P12A TRUE COPY OF THE NOTIFICATION
NO.DOT/KRL/COVID CONTROL/2021-22/15 DATED
03/05/2021.
Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 22/07/2021 ALONG WITH
POSTAL RECEIPT.
Exhibit P14 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 22/07/2021 ALONG WITH
POSTAL RECEIPT.
