Kerala High Court
M/S Atc Telecom Infrastructure ... vs The District Telecom Committee on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 17633 OF 2021
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 ADV P.PAULOCHAN ANTONY
RESPONDENTS:
1 THE DISTRICT TELECOM COMMITTEE
ERNAKULAM,REPRESENTED BY ITS CHAIRMAN (DISTRICT
COLLECTOR), COLLECTORATE, CIVIL STATION, KAKKANAD,
ERNAKULAM 682 030
2 THE CITY POLICE COMMISSIONER
KOCHI CITY, PARK VIEW, MARINE DRIVE, ERNAKULAM 682 011
3 THE STATION HOUSE OFFICER
MATTANCHERRY POLICE STATION, BAZAR ROAD, MATTANCHERRY,
KOCHI 682 002
4 KOCHI MUNICIPAL CORPORATION
MUNICIPAL OFFICE, NEAR DISTRICT GOVERNMENT HOSPITAL,
ERNAKULAM 682 011, REPRESENTED BY ITS SECRETARY
BY ADV V.P.REJITHA (PUZHAKKALIDOM)
SRI E C BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17633 OF 2021
2
JUDGMENT
The petitioner is stated to be a company engaged in the
installation of infrastructure, services and installations. They say
that they are setting up a Base Transceiver Station (BTS) at
Koonankurishu Church area in Mattanchery Village and that they
are continuing their operations on the strength of Ext.P1 permit,
issued by the 4th respondent - Kochi Municipal Corporation.
2. The petitioner says that, however, when they started
construction, several people of the area, who are indeterminate
and unable to be identified properly, started causing obstruction,
thus constraining them to approach the 3rd respondent - Station
House Officer, through Ext.P2 complaint seeking protection.
They say that, however, since the said respondent did not take any
action thereon, they have been constrained to approach this Court
through this writ petition.
3. I notice that when this matter was considered by this
WP(C) NO. 17633 OF 2021
Court on 14.09.2021, the following interim order had been issued:
"Learned Government Pleader seeks further time.
Post on 28.09.2021; until which time, if the
petitioner is armed with all necessary clearances and
permissions from the competent authorities, the 3 rd
respondent - SHO, will afford adequate and effective
protection to them while they erect their telecome tower
without any let or hindrance from any source and they will
also make sure that law and order is maintained in the area
in question without any breach."
4. The learned Government Pleader- Sri.E.C.Bineesh,
submitted that the afore interim order has been effectively
complied with by the police Authorities and that there are no law
and order issues in the area where the construction is now being
carried on by the petitioner.
Taking note of the afore submissions and since the petitioner
is carrying on their activity on the basis of a valid permit issued
by the 4th respondent - Kochi Municipal Corporation, which is
also conceded by them, I allow this writ petition, confirming the
afore interim order; consequently, directing the 3 rd respondent to
WP(C) NO. 17633 OF 2021
act as per its terms and to ensure that law and order in the area is
maintained, without any breach being committed by any person.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/30/09/2021
WP(C) NO. 17633 OF 2021
APPENDIX OF WP(C) 17633/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING
PERMIT NO. FCP2/132/2020 DATED 29-03-2021
ISSUED BY THE RESPONDENT NO.-4 MUNICIPAL
CORPORATION TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 08-04-2021
PREFERRED BY THE PETITIONER BEFORE RESPONDENT
Exhibit P2A TRUE COPY OF THE RECEIPT DATED 08-04-2021
Exhibit P3 TRUE COPY OF THE REQUEST DATED 13-04-2021
SUBMITTED BY THE PETITIONER BEFORE RESPONDENT
Exhibit P4 TRUE COPY OF THE NOTICE NUMBER
DCEKM/8404/2013(59906/2013)/2013 DATED 24-06-
