Indus Towers Limited, represented by its Duly Authorized Representative, M. N. Premakrishnan Nair v. Superintendent of Police
2013-11-01
K.RAMAKRISHNAN, S.SIRI JAGAN
body2013
DigiLaw.ai
Judgment : S. Siri Jagan, J. 1. The petitioner is a company registered under the Companies Act. They are engaged in the business of providing infrastructural facilities to telecommunication service providers. They have obtained Ext.P3 building permit for erecting a telecommunication tower for the purpose of their business. According to them, they are doing the construction in accordance with all the rules and guidelines issued by the appropriate authorities. But, when they started construction of the tower, respondents 3 to 5 obstructed the construction. The police did not help the petitioner to avert the obstruction, despite the request of the petitioner in that regard. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: "A writ of mandamus directing the respondents 1 and 2 to extend all supports and extend adequate protection for the construction and operation of Mobile Telecommunication tower of petitioner in Sy.No.325/3 in Ottasekharamangalam Village, Neyyattinkara Thaluk, Thiruvananthapuram District as per Exhibit P3 building permit and licences against respondents 3 to 5 and their hench men." 2. Respondents 3 to 5 appear through counsel and object to the prayer. According to them, Ext.P3 is not a valid permit insofar as the provisions of Section 233(a) of the Kerala Panchayat Raj Act have not been complied with. 3. The learned counsel for the 6th respondent-Panchayat submits that the permit has been issued after complying with the procedure prescribed under law and the Panchayat has no objection in the petitioner constructing the tower. 4. We have heard the learned Government Pleader also. 5. We are of opinion that if respondents 3 to 5 have any grievances regarding the permit, it is for them to challenge the permit appropriately. Without challenging the permit, insofar as the permit is current, respondents 3 to 5 or anybodyelse have no manner of right to obstruct the petitioner from erecting the tower. In the above circumstances, this writ petition is disposed of with a direction to respondents 1 and 2 to extend adequate police protection for construction and operation of a telecommunication tower of the petitioner in Sy.No.325/3 in Ottasekharamangalam Village, Neyyattinkara Thaluk, Thiruvananthapuram District, in accordance with Exhibit P3 building permit and licences obtained by them without any obstruction from respondents 3 to 5 or anybodyelse. But respondents 1 and 2 shall ensure that the petitioner has all required licences, permits consent etc.
But respondents 1 and 2 shall ensure that the petitioner has all required licences, permits consent etc. for constructing the tower and the construction of the tower is in accordance with the guidelines issued by the Department of Telecommunication of the Government of India. This is subject to the right of respondents 3 to 5 to challenge the permit appropriately in accordance with law.