Ascend Telecom Infrastructure Pvt. Ltd vs The Station House Officer
2023 Latest Caselaw 12891 Ker

Kerala High Court

Ascend Telecom Infrastructure Pvt. Ltd vs The Station House Officer on 8 December, 2023

                                    1
WPC 28290/23




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE BASANT BALAJI
 FRIDAY, THE 8TH DAY OF DECEMBER        2023 / 17TH AGRAHAYANA, 1945
                         WP(C) NO. 28290 OF 2023


PETITIONER/S:


               ASCEND TELECOM INFRASTRUCTURE PVT. LTD 2ND FLOOR,
               SALAMIYA BUILDINGS NH-47, AYSHA ROAD, VYTTILA.P.O,
               ERNAKULAM- 682 019, REPRESENTED BY CIRCLE HEAD,
               P.N.JAYAKUMAR, AGED 49 YEARS, S/O. NANDA KUMAR NAIR,
               HAVING RESIDENCE AT 52/2425, KAILASAM, VYTILLA ,
               ERNAKULAM, KERALA, PIN - 682019
               BY ADVS. KRISHNA PRASAD. S SWAPNA S.K. ROHINI NAIR
               SURAJ KUMAR D. SUNILKUMAR K.K. SINDHU S KAMATH


RESPONDENT/S:


     1         THE STATION HOUSE OFFICER MARAYAMUTTOM POLICE
               STATION, NEYYATTINKARA,THIRUVANANTHAPURAM, PIN -
               695124
     2         THE DISTRICT POLICE CHIEF RURAL OFFICE OF THE
               DISTRICT POLICE THIRUVANANTHAPURAM RURAL,VIKAS
               BHAVAN,PMG,THIRUVANANTHAPURAM, PIN - 695033
     3         THE SECRETARY PERUMKADAVILA GRAMA PANCHAYAT ,
               PERUMKADAVILA , THIRUVANANTHAPURAM DISTRICT, PIN -
               695124
     4         MANU AGE AND FATHER'S NAME NOT KNOWN TO THE
               PETITIONER , DEEPA BHAVAN,KANAKUNDAYAM,
               MANALUVILA,MARAYAMUTTOM P.O. THIRUVANANTHAPURAM., PIN
               - 695124
     5         SELVARAJ AGE AND FATHER'S NAME NOT KNOWN TO THE
               PETITIONER , LIJI SADHANAM, KANAKUNDAYAM,
               MANALUVILA,MARAYAMUTTOM P.O. THIRUVANANTHAPURAM, PIN
               - 695124
     6         SELIN .T.L. W/O RAJAN , RAJAN BHAVAN , KANAKUNDAYAM
               ,MANALUVILA,MARAYAMUTTOM P.O. THIRUVANANTHAPURAM, PIN
               - 695124
     7         ADDL.R7: THE DISTRICT TELECOM COMMITTEE;
               THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS
                                     2
WPC 28290/23


               CHAIRMAN/DISTRICT COLLECTOR, COLLECTORATE,
               THIRUVANANTHAPURAM - 695004.
     8         ADDL.R8: THE DISTRICT COLLECTOR, COLLECTORATE,
               THIRUVANANTHAPURAM - 695004. (ARE IMPLEADED AS PER
               ORDER DATED 17/11/2023 IN IA 1/23 IN WP(C))
               BY ADVS. Achuth Kylas K V.G.ARUN V.JAYA
               RAGI(K/3390/1999) R.HARIKRISHNAN
               (KAMBISSERIL)(K/993/2012) NEERAJ NARAYAN(K/332/2016)
               AVANEETH S.R.(K/306/2021) BHARATH VIJAYAN
               U.R.(K/001556/2023) SREEDEVI KYLASANATH(S-541)
               R.MAHESH MENON(K/001171/2016) SHINE P.
               SASIDHAR(D/004803/2016) SACHIN.P.K(K/805/2023)
               VARGHESE XAVIER(K/642/2023) S.PRAVEEN(K/35/2004)


OTHER PRESENT:


               GP SREEJITH V.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                    3
WPC 28290/23


                           JUDGMENT

(Dated this the 8th day of December 2023)

The petitioner has approached this court seeking police

protection to the staff and employees of the petitioner and the

petitioner's civil contractor for carrying out the construction of

the Telecommunication tower without any threat or hindrance

from respondent Nos.4 to 6 or their men acting under them.

2. The Government Pleader, on instructions, submits that

the additional 7th respondent has granted an order of police

protection to the petitioner's construction.

3. In view of the said order, this Writ Petition is disposed

of, directing the first respondent to afford police protection for

the workmen of the telecommunication tower, in accordance

with the orders of the additional 7th respondent. It is also made

clear that respondent Nos.4 to 6 are free to challenge the orders

before the appropriate Forum.

Sd/- BASANT BALAJI, JUDGE dl/

APPENDIX OF WP(C) 28290/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE G.O. DOT/KRL/6-14/DM-

CORR/2019-20 DATED 24-03-2020 Exhibit P2 A TRUE COPY OF THE RECEIPT NO : 1230100235 / G010901 DATED 22-05-2023 FOR THE REQUISITE FEE REMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 1ST RESPONDENT ON 14-06-23 WHICH IS WRONGLY DATED 14-06-22 Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 26-06-2023 Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.31/2014/ITD DATED 05-11-2014 Exhibit P6 A TRUE COPY OF THE COMMON JUDGEMENT PASSED IN A SERIES OF WRIT PETITIONS WP.(C)NO.12473 OF 2020, WP.(C)NO.12481 OF 2020, WP(C).NO.12641 OF 2020 BY WAY OF A COMMON JUDGEMENT DATED 24-07-2020