Indus Towers Limited vs State Of Kerala
2022 Latest Caselaw 240 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                         W.P.(C) NO.28183 OF 2021
PETITIONER:

              INDUS TOWERS LIMITED,
              CIRCLE OFFICE AT VANKARATH TOWERS,
              8TH FLOOR, NH 47 PALARIVATTOM, COCHIN-24
              REPRESENTED BY ITS AUTHORIZED OFFICER HEAD LEGAL,
              RAJKUMAR PAVOTHIL,
              AGED 42 YEARS, S/O.P.NARENDRAN,
              RESIDING AT MIDHILA,
              THAMARAMULANGARA, TRIPUNITHURA P.O.

              BY ADV.P.SATHISAN



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY HOME SECRETARY,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM P.O., PIN-695 001.

     2        STATE POLICE CHIEF,
              POLICE HEADQUARTERS,
              VAZHUTHACAUD, SASTHAMANGALAM P.O.,
              THIRUVANANTHAPURAM-695 010.

     3        DISTRICT POLICE CHIEF,
              KOZHIKODE, PAVAMANI ROAD,
              KOZHIKODE CITY P.O., PIN-673 004.

     4        DISTRICT POLICE CHIEF,
              MALAPPURAM, FEROKE PALAKKAD HIGHWAY,
              UP HILL, MALAPPURAM P.O., PIN-676 504.

     5        DISTRICT POLICE CHIEF,
              KANNUR, THAVAKKARA,
              KANNUR P.O., PIN-670 002.
 W.P.(C) NO.28183 OF 2021
                               -2-

     6      DISTRICT POLICE CHIEF,
            WAYANAD, WAYANAD ROAD,
            CIVIL STATION, NADATHUMPADI,
            KALPATTA P.O., PIN-673 122.
     7      DISTRICT POLICE CHEIF,
            KASARGOD, PARAKATTA, VIDHYA NAGAR,
            ULIYATHADKA ROAD, KUDLU P.O., KASARGOD-671 121.

     8      DISTRICT POLICE CHIEF,
            PALAKKAD, YAKAKRA ROAD,
            NEAR KSRTC BUS STAND,
            PALAKKAD P.O., PIN-678 014.

     9      DISTRICT POLICE CHEIF,
            THRISSUR, KALYAN NAGAR,
            IYYANTHOLE P.O., THRISSUR-680 003.

    10      KERALA SAMSTHANA MOBILE PHONE TOWER
            EMPLOYEES UNION (CITU),
            REG. NO.13/-42014, HEAF OFFICE,
            (C.KANNAN SMARAKA HALL),
            KANNUR P.O., PIN-670 001
            REPRESENTED BY ITS SECRETARY.

    11      ROYAL COMMAND PROTECTION GROUP,
            DEEPA 34/1414-B, CHITTUPADUKARA,
            ARAKKAKADAVU ROAD, EDAPPALLY P.O.,
            COCHIN-682 026, REPRESENTED BY ITS MANAGER.

    12      SREE LAKSHMI ENTERPRISES,
            ASSET IRIS, 1ST FLOOR,
            NORTH FORT GATE, THRIPUNITHURA P.O.,
            KOCHI-682 302, REPRESENTED BY BY ITS MANAGER.

    13      HESEL ENGINEERING PVT. LTD.,
            MAMANGALAM P.O., KOCHI-682 025
            REPRESENTED BY ITS SENIOR MANAGER.

    14      UNITAC ENERGY SOLUTION INDIA PVT.LTD.,
            2ND FLOOR, BUILDING NO.52-3274B,
            UNITAC ARCADE, OPPOSITE DECATHALON,
            NH BY PASS, THYCOODOM P.O.,
            KOCHI, KERALA-682 019
            REPRESENTED BY ITS MANAGER.
 W.P.(C) NO.28183 OF 2021
                               -3-

     15     THE REGIONAL JOINT LABOUR COMMISSIONER (CENTRAL),
            OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER
            (CENTRAL), KENDRIYA SHRAM SADAN,
            KAKKANAD, KOCHI-682 030.

           BY ADV. DONA AUGUSTINE

SR
           SRI.T.K.SHAJAHAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) NO.28183 OF 2021
                                     -4-

                               JUDGMENT

This writ petition is filed seeking the following reliefs;

"(i) To issue a writ of mandamus or such other writ or direction directing respondents 2 to 9 to ensure adequate and effective police protection to petitioner and its Telecom cell sites from obstructions by 10th respondent and its agents/henchmen in any manner whatsoever.

(ii) To issue a writ of mandamus or such other writ or direction directing 10th respondent to abstain from any strikes or obstructions to cell sites of petitioner in violation of Sec.22 of the Industrial Disputes Act, 1947."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel for respondents

11 to 13.

3. It is submitted by the learned counsel for the petitioner

that pursuant to the interim order dated 08.12.2021, respondents

3 to 9 were directed to ensure that the protection is granted for the

installation and maintenance of the towers as and when requests

are made and that adequate help is being provided and there are

no issues at present. The learned counsel for the party respondents

submits that the party respondents are not causing any law and

order problems and do not intend to do so. W.P.(C) NO.28183 OF 2021

4. In the above view of the matter, the interim order

passed on 08.12.2021 is made absolute. The petitioner shall report

to the appropriate respondents, as and when there is any

requirement for protection, which shall be duly addressed by the

respondents.

The writ petition is disposed of as above.

Sd/-

ANU SIVARAMAN JUDGE bpr W.P.(C) NO.28183 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF SPECIMEN AGREEMENT BETWEEN THE PETITIONER AND COMPANY DATED 22.08.2018.

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IN WPC NO.25085 OF 2021 DATED 12.11.2021.

EXHIBIT P3 TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE 10TH RESPONDENT DECLARING STRIKE FROM THE MIDNIGHT ON 29.11.2021.

EXHIBIT P4 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE KANNUR POLICE CHIEF VIA E-MAIL DATED 04.12.2021.

EXHIBIT P4(A) TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE KASARGODE POLICE CHIEF VIA E-MAIL DATED 04.12.2021.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT VIA E-MAIL DATED 04.12.2021.

EXHIBIT P5(A) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT VIA E-MAIL DATED 04.12.2021.