Kerala High Court
M/S. Indus Towers Limited vs The District Telecom Committee on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12750 OF 2024
PETITIONER:
M/S. INDUS TOWERS LIMITED, 8 TH FLOOR,
VANKARATH TOWERS, NH BYPASS, PALARIVATTOM,
COCHIN - KERALA, INDIA, REPRESENTED BY ITS
AUTHORISED SIGNATORY, MR. V. G SALEESH -
ASSISTANT MANAGER - LEGAL, KERALA CIRCLE
COMPRISING OF STATE OF KERALA., PIN - 682024.
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
KESHAVRAJ NAIR
P.RAJKUMAR
ARUN POOMULLI
PREETHA S CHANDRAN
ABHIJITH SREEKUMAR
ANAND REMESH
ABHIRAM.S.
C.R.REKHA
GAADHA SURESH
VISWANATH JAYAN
RESPONDENTS:
1 THE DISTRICT TELECOM COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,
COLLECTORATE, TRISSUR, PIN - 680002.
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE COMMISSIONER OF POLICE,
SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
TRISSUR DISTRICT, PIN - 680001.
3 THE STATION HOUSE OFFICER,
MATHILAKAM POLICE STATION,
TRISSUR DISTRICT, PIN - 680681.
4 MR.NOUHAD, S/O MUHAMMAD
KAZHIKANDATHIL HOUSE
MATHILAKAM POST, MATHILAKAM
TRISSUR DISTRICT, PIN - 680685
WP(C) NO. 12750 OF 2024
-2-
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 12750 OF 2024
-3-
JUDGMENT
The petitioner is stated to be a Telecom
Infrastructure provider and to be presently
constructing a Telecom Tower, under all valid
licences and consents. They say that, however,
the 4th respondent and persons affiliated with
him, are now causing unnecessary obstruction and
impediment to their construction, meting out
threats and intimidation to their workers; and
hence that they approached the 3rd respondent -
Station House Officer for protection, through
Ext.P7; but which has not been acceded to until
now. They explain that they are, therefore, left
without any other option, but to have approached
this Court through this Writ Petition.
2. In response to the afore submissions of
Sri.P.Rajkumar - learned counsel for the
petitioner, the learned Government Pleader -
WP(C) NO. 12750 OF 2024
Sri.P.M.Shameer, submitted that the Police have
already taken note of the complaint of the
petitioner and are affording them and their
employees adequate and effective protection, as
has been ordered by this Court in the interim
order dated 27.03.2024. He submitted that there
are no law and order issues and that the 4th
respondent, or his men, did not cause any threat
or intimidation; and hence prayed that this Writ
Petition be so ordered.
3. The files reveal that notice to
respondent No.4 has been served through a
Special Messenger deputed by this Court;
however, he is neither present in person nor
represented through counsel today, thus
inferentially guiding me to the impression that
he has nothing to offer in opposition to the
reliefs sought for by the petitioner in this
Writ Petition.
WP(C) NO. 12750 OF 2024
In the afore circumstances, I allow this
Writ Petition, confirming the interim order
dated 27.03.2024; with a consequential direction
to the 3rd respondent - Station House Officer, to
ensure that the petitioner and their employees
are afforded adequate and effective protection
against every threat in future and that no one
is allowed to take law into their own hands or
to commit breach of peace in any manner
whatsoever in the area in question.
The 2nd respondent - District Police Chief,
is hereby ordered to oversee the afore
directions to be complied with implicitly.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 12750 OF 2024
APPENDIX OF WP(C) 12750/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION FOR INFRASTRUCTURE PROVIDER
CATEGORY-I (IP-I) BEARING REGISTRATION
CERTIFICATE NO:145/2007 GRANTED TO THE
PETITIONER DATED 25.01.2007 BY THE
MINISTRY OF COMMUNICATIONS AND IT,
GOVERNMENT OF INDIA
EXHIBIT P2 A TRUE COPY OF CERTIFICATE OF
INCORPORATION BEARING CORPORATE
IDENTIFICATION NUMBER (CIN):
L64201HR2006PLC073821 PURSUANT TO NAME
CHANGE ISSUED BY REGISTRAR OF COMPANIES
DATED 10.12.2020
EXHIBIT P3 A TRUE COPY OF THE INTIMATION DATED
02.11.2023 SUBMITTED BY THE PETITIONER ON
13.11.2023 BEFORE THE MATHILAKAM GRAMA
PANCHAYATH
EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED
13.11.2024 ISSUED BY THE MATHILAKAM GRAMA
PANCHAYATH TOWARDS THE INTIMATION
SUBMITTED BY THE PETITIONER FOR BUILDING
PERMIT
EXHIBIT P5 TRUE COPY OF THE FEE PAID RECEIPT
NO:1230102835/G081403 DATED 13.11.2023
ISSUED BY THE MATHILAKAM GRAMA PANCHAYATH
EXHIBIT P6 A TRUE COPY OF THE ORDER ISSUED BY THE 1
ST RESPONDENT DATED 27.02.2024
EXHIBIT P7 A TRUE COPY OF THE REQUEST LETTER DATED
15.03.2024 ISSUED BY THE PETITIONER BEFORE
THE 3 RD RESPONDENT ALONG WITH
ACKNOWLEDGEMENT
