M/S.Unitac Energy Solutions India Pvt Ltd v. The District Police Chief
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 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 14142 of 2015 (P) ---------------------------- PETITIONER(S) :- ----------------- M/S.UNITAC ENERGY SOLUTIONS INDIA PVT LTD.
A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT DOOR NUMBER 32/8-B4/2 OF CORPORATION OF COCHIN, SURYA GAYATRI, 2ND FLOOR, PUTHIYA ROAD, NEW JUNCTION, ERNAKULAM BYE PASS REPRESENTED BY ITS DIRECTOR SRI.ANILKUMAR.
BY ADVS.SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT RESPONDENTS :- ----------------
1. THE DISTRICT POLICE CHIEF, DISTRICT POLICE CHIEF OFFICE THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.
2. THE STATION HOUSE OFFICER KALLAMBALAM POLICE STATION, TRIVANDRUM - 695 605.
3. THE STATION HOUSE OFFICER PARASSALA POLICE STATION, TRIVANDRUM - 695 502.
4. THE STATION HOUSE OFFICER KATTAKADA POLICE STATION, TRIVANDRUM - 695 672.
5. VIPINKUMAR, PALAMOOTTIL, CHURULICODE P.O.
PATHANAMTHITTA - 689 668.
6. B.BENNET, MANNARAPPU VEEDU, KALIYAKKAVILA P.O., KANYAKUMARI, TAMIL NADU - 629 001.
7. PRADEEP K., K.C.BHAVAN, ARUVIYODE, KARINGALKANDALA P.O. TRIVANDRUM - 695 504.
R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14142 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1. TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 17.10.2014.
RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.14142 of 2015 ------------------------------------------- Dated this the 26th day of May 2015
J U D G M E N T
Shaffique, J.
The petitioner has approached this Court seeking police protection. It is alleged that respondents 5 to 7 refused to obey the shift system and abandoned the tower site without any intimation or notice. Further, it is alleged that on 7.5.2015 night, respondents 5 to 7 switched off the tower transmission by force threatening the men on duty and illegally interfered with the service provided by the petitioner. It is submitted that the petitioner being a contractor doing business of maintaining telecom transmission towers owned by Indus Tower Company is entitled for police protection. On account of the illegal action by respondents 5 to 7, various consumers in telecom industry are suffering, it is submitted.
2.
Though notice was ordered to respondents 5 to 7, there is no appearance.
3.
In fact an interim order had been granted by this Court on 8.5.2015 directing the police to provide adequate protection to
W.P.(C) No.14142 of 2015 -: 2 :- the petitioner in the matter relating to functioning of the tower. 4.
Learned Government Pleader on instructions would submit that on the basis of the complaint received, necessary enquiry has been done in the matter and presently no untoward incident is reported.
5.
Having regard to the aforesaid factual situation, there shall be a direction to respondents 2 to 4 to ensure that no illegal obstruction is being caused by respondents 5 to 7 in the matter relating to functioning of the tower by the petitioner. This writ petition is disposed of as above.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt