Chennai Network Infrastructure Ltd. v. The Sub Inspector Of Police

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 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No. 20309 of 2015 (K) ------------------------------------------ PETITIONER(S) :

------------------------- CHENNAI NETWORK INFRASTRUCTURE LIMITED, HAVING ITS REGISTERED OFFICE AT DOOR NO.34/IDL, NEW NO.403/L, SAMSON TOWER, 7TH FLOOR, PANTHEON ROAD, EGMORE CHENNAI, TAMIL NADU, PIN - 600 008, AND HAVING CIRCLE OFFICE AT PRABUS TOWER, OPPOSITE CHENNAI SILKS, M.G.ROAD ERNAKULAM, REPRESENTED BY BABU B.NAIR, AGED 46 YEARS, S/O.LATE G.BHASKARAN NAIR, CIRCLE HEAD, RESIDING AT MANGALAM, NIKARTH CHIRAYIL, THURAVOOR SOUTH P.O., ALLEPEY DISTRICT - 688 532. BY ADV. SRI.G.SANTHOSH KUMAR (P).

RESPONDENT(S) :

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

1. THE SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, TRIVANDRUM DISTRICT.

2. SUJITH, S/O.SURENDRAN, THIRUVATHIRA HOUSE, CHEMPAKAMANGALAM ROAD, ARYANAD P.O., TRIVANDRUM - 695 542.

3. ARUN, S/O.PRABHAKARAN, VIKRAMALAYAM HOUSE, CHEMPAKAMANGALAM ROAD, ARYNAD P.O., TRIVANDRUM - 695 542.

4. ARYANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ARYANAD P.O.TRIVANDRUM.

R1 BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 20309 of 2015 (K) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE LEASE AGREEMENT DATED 24.09.2008 ENTERED BY THE PETITIONER COMPANY.

EXT.P-2:

TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 09.10.2009 ISSUED BY THE 4TH RESPONDENT PANCHAYATH WITH ENGLISH TRANSLATION.

EXT.P-3:

TRUE COPY OF THE PERMIT DATED 15.11.2008 GRANTED BY THE 4TH RESPONDENT PANCHAYATH.

EXT.P-4:

TRUE COPY OF THE LETTER DATED 20.07.2010.

EXT.P-5:

TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.05.2015.

EXT.P-6:

TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 27.05.2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

================ W.P (C) No. 20309 of 2015 ==================== Dated this, the 7th day of July, 2015

J U D G M E N T

Shaffique, J Petitioner has approached this Court seeking police protection.

2.

It is stated that petitioner is an infrastructure providing company who has put up a telecommunication tower. It is stated that they are unable to operate and maintain the same on account of obstruction being created by respondents 2 and 3 and their men.

3.

Government had already issued orders forming a District Telecom Committee in terms of various Government Orders, which had been upheld by us and directions have been issued as per judgment of this Court in Indus Towers Ltd v. Sub Inspector of Police (2014 (4) KLT 306).

4.

Having regard to the aforesaid judgment, we do not think that the direction as sought for can be granted in this writ

W.P(C) No.20309/2015 -:2:- petition. It shall be open for the petitioner to approach the District Telecom Committee for necessary orders.

Writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge