Summit Digitel Infrastructure Private ... vs State Of Kerala
2023 Latest Caselaw 13265 Ker

Kerala High Court

Summit Digitel Infrastructure Private ... vs State Of Kerala on 15 December, 2023

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                      WP(C) NO. 41417 OF 2023
PETITIONER/S:

             SUMMIT DIGITEL INFRASTRUCTURE PRIVATE LIMITED
             PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM,
             PALARIVATTOM, KOCHI REPRESENTED BY ITS AUTHORIZED
             SIGNATORY SHRI A R SHANKAR, PIN - 682024
             BY ADVS.
             G.HARIKUMAR (GOPINATHAN NAIR)
             AKHIL SURESH


RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2       DISTRICT POLICE CHIEF
             TRIVANDRUM RURAL, VIKAS BHAVAN, PMG TRIVANDRUM, PIN
             - 695033
     3       STATION HEAD OFFICER, MANGALAPURAM
             POLICE STATION ,THIRUVANANTHAPURAM, PIN - 695501
     4       SUJEESH
             SS BHAVAN, THEMBAMOOD, P.O, KUTTICHAL, PIN - 695501
     5       USHA
             USHAS BHAVAN, THEMBAMOOD, P.O, KUTTICHAL, PIN -
             695501
OTHER PRESENT:

             GP SREEJITH V.S


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.12.2023,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 41417/2023
                               -2-




                           JUDGMENT

(Dated this the 15th day of December 2023)

The 4th respondent appeared in person after receipt of

the notice.

The writ petition was filed seeking police protection for

the construction of mobile/telecommunication tower in the

property in Sy.No.338/1-2 in Veeranankavu Village,

Kattakkada Taluk, Trivandrum. Ext.P3 is the proceedings of

the District Telecom Committee dated 18.10.2023 by which

police protection was granted to the petitioner, overruling

the objections made by the respondents therein.

Therefore, the writ petition is disposed of, directing

respondents 1 to 3, to afford effective police protection to

the petitioner for the construction of the

mobile/telecommunication tower.

Sd/-

BASANT BALAJI JUDGE JS

APPENDIX OF WP(C) 41417/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE STABILITY CERTIFICATE ISSUED TO THE PETITIONERS DATED 12/07/2023 Exhibit P2 A TRUE COPY OF THE EMF CERTIFICATE DATED 20.07.2023 Exhibit P3 A TRUE COPY OF THE MINUTES OF MEETING OF DTC DATED 18.10.2023 Exhibit P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE STATION HEAD OFFICER DATED 23.11.2023 Exhibit P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL DATED 25.11.2023