High Court of KeralaWP(C)/10064/2014closed

Reliance Jio Infocomm Ltd. v. The Commissioner Of Police, Ernakulam

2015-12-08Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 PETITIONER(S):

----------------------- RELIANCE JIO INFOCOMM LTD., CHANDRIKA CHAMBERS, 4TH FLOOR, SA ROAD, VYTTILA, COCHIN-682 019, REPRESENTED BY ITS STATE CONSTRUCTION HEAD AND AUTHORIZED SIGNATORY, MR. RAMAN PADMANABHAN.

BY ADV. SRI.A.KUMAR RESPONDENT(S):

-------------------------

1. THE COMMISSIONER OF POLICE, ERNAKULAM, COCHIN CITY, REVENUE TOWER, PARK AVENUE, COCHIN-683 011.

2. SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, ERNAKULAM-682 031.

3. SURESH K.K., KOCHUPARAMBIL HOUSE, MANJUMMEL, PIN-683 501.

4. SHAJI, SHAHIDHI HOUSE, MANJUMMEL, PIN-683 501.

5. ELOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, UDYOGAMANDAL P.O., PIN-683 501.

* ADDITIONAL R6 & R7 IMPLEADED

6. SNEHALAL, AGED 46 YEARS, S/O.K.N.CHITHAMBARAN, KAITHAVALAPPIL HOUSE, UDYOGAMANDAL P.O., MANJUMMEL, ERNAKULAM.

Msv/ -2-

-2-

7. PADMAKUMARI, W/O.JAYAKUMAR MENON, SARASWATHI MANDIRAM, UDYOGAMANDAL P.O., MANJUMMEL, ERNAKULAM.

* ADDL.R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 09.04.2014 IN IA 5564/14.

R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R3 BY ADVS. SRI.AGINOV MATHAPPAN SMT.K.SHERIN MOHAN R5 BY ADV. SRI.RAJESH VIJAYENDRAN R6 & R7 BY ADVS. SRI.V.V.NANDAGOPAL NAMBIAR SRI.DEEPAK T.NEDUNGADAN SRI.M.K.DILEEPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1. TRUE COPY OF CATEGORY(A) LICENSE GRANTED BY GOVERNMENT OF INDIA, MINISTRY OF GOVERNMENT, DEPT. OF TELECOMMUNICATION DATED 23-6-2011. P2. TRUE COPY OF THE BUILDING PERMIT DATED 5-8-2013. P3. TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 1-11-13.

P3A. A TRUE COPY OF THE RECEIPT DATED 1-11-13. P4. TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 4-2-2014.

P4A. TRUE COPY OF THE A/D CARD EVIDENCING RECEIPT OF THE COMPLAINT BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 10064 of 2014 ================== Dated this, the 8th day of December, 2015

J U D G M E N T

Shaffique, J.

Petitioner has approached this Court seeking for police protection for setting up a mobile telecommunication tower. It is submitted that the construction of the tower has already completed. However, the equipments and other structures are to be installed. 2.

We have already decided this issue in Indus Towers Ltd v. Sub Inspector of Police (2014 (4) KLT 306). 3.

If there is any obstruction from any person in the matter relating to the further installation of equipments, it shall be open for the petitioner to approach the District Telecom Committee for necessary orders.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp8/12/2015 //True Copy// PS to Judge