Indus Towers Limited vs District Telecom Committee
2024 Latest Caselaw 15685 Ker

Citation : 2024 Latest Caselaw 15685 Ker
Judgement Date : 6 June, 2024

Kerala High Court

Indus Towers Limited vs District Telecom Committee on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                      WP(C) NO. 19539 OF 2024
PETITIONER:

         INDUS TOWERS LIMITED
         8TH FLOOR, VANKARATH TOWERS, N H BYPASS,
         PALARIVATTOM KOCHI, REPRESENTED BY ITS AUTHORIZED
         SIGNATORY SRI.V. SALEESH, PIN - 682024.
         BY ADVS.
         G.MINI(1748)
         A.KUMAR (SR.)
         P.J.ANILKUMAR
         P.S.SREE PRASAD
         BALASUBRAMANIAM R.


RESPONDENTS:

    1     DISTRICT TELECOM COMMITTEE,
          COLLECTORATE, WAYANAD ROAD, CIVIL STATION,
          ERANHIPPALAM,KOZHIKODE - REPRESENTED BY ITS
          CHAIRMAN THE DISTRICT COLLECTOR, PIN - 682031.
    2     DISTRICT POLICE CHIEF RURAL
          PAVAMANI ROAD, TAZHEKKOD, KOZHIKODE, PIN - 673004.
    3     THE STATION HOUSE OFFICER
          PERAMBRA POLICE STATION NEAR KRISHNA GEETHA THEATRE
          , SH 38, PERAMBRA , KOZHIKODE, PIN - 673525.
    4     NADUVANNUR GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY VAKAYAD RD,
          NADUVANNUR, KOZHIKODE, PIN - 673614.
          SMT.REKHA C.NAIR, SR.GP, SRI.P.C.SASIDHARAN, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.19539/2024
                                 ..2..



                DEVAN RAMACHANDRAN, J.
            =========================
                W.P.(C)No.19539 of 2024
           ==========================
            Dated this the 6th day of June, 2024

                            JUDGMENT

When this matter was considered on 06.06.2024, the

following interim order had been issued by this Court:-

"The learned Government Pleader and the learned Standing Counsel will obtain instructions from their respective clients.

In the meanwhile, since the petitioner is stated to be acting upon varied authorizations from all competent Authorities, including the 1st respondent, I direct respondent No.3 to ensure that they and their employees are afforded adequate and effective protection from every threat by any person until the next posting date."

2. Today, Sri.P.C.Sasidharan - learned Standing

Counsel for the 4th respondent, submitted that his client has no

objection to the construction being carried on by the petitioner

- subject to all requirements in law being complied and subject

to their statutory right to intervene, if found otherwise - it is

being done on the strength of Ext.P3 order of the District

Telecom Committee.

3. Learned Senior Government Pleader - Smt.Rekha

C.Nair, submitted that the afore interim order is being fully

..3..

complied with; but that on account of the ensuing elections,

sufficient number of police force was not available. She added

that, from now on all assistance will be given to the petitioner

to complete the construction, as long as they abide by Ext.P3

order of the District Telecom Committee.

Taking note of the afore submissions, I allow this writ

petition, confirming the afore interim order; with a

consequential direction to the 3rd respondent to ensure that all

necessary assistance in terms of the afore is given to the

petitioner on an effective basis, as and when they require, as

long as they comply with Ext.P1 Building permit and Exts.P2

and P3 orders of the 1st respondent - District Telecom

Committee.

Needless to say, the 3rd respondent will ensure that law

and order is always maintained and that no one is allowed to

take law into their own hands, or to cause any obstruction in

violation of law.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR

..4..

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING PERMIT DATED 28/11/2022 Exhibit P2 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 26/05/ 2023 Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 05/09/ 2023 Exhibit P4 TRUE COPY OF THE AMENDMENT PUBLISHED IN THE GAZETTE DATED 17.01.2023 Exhibit P5 TRUE COPY OF THE INTIMATION SUBMITTED UNDER COVER OF PETITIONER'S LETTER DATED 09/03/2024 Exhibit P6 TRUE COPY OF THE EMF CLEARANCE CERTIFICATE DATED 09/06/2022 Exhibit P7 TRUE COPY OF THE REQUEST DATED 27/03/2024 ALONG WITH ACKNOWLEDGMENT Exhibit P8 TRUE COPY OF THE JUDGMENT IN WRIT PETITION © NO. 43433/2023 DATED 21/12/2023 OF THIS HON'BLE COURT