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2008 Supreme(Ker) 560

K.BALAKRISHNAN NAIR, M.C.HARI RANI
Essar Telecom Infracture (P) Ltd. , – Appellant
Versus
C. I. of Police, Thaliparamba – Respondent


Advocates Appeared:For the Petitioner:Santhosh Mathew, Advocate. For the Respondents:M. Sasindran, Advocate.

Judgment :-

Balakrishnan Nair, J.

The petitioners in these writ petitions are companies providing mobile telephone service or companies providing infrastructure to such companies. W.P.(C) No.18568/2008 is treated as the main Writ Petition for referring to the facts and exhibits.

2. The petitioner herein is proposing to set up 300 telecommunication towers at various places throughout the State of Kerala for enhancing the network coverage for various mobile telephone operators. It has obtained the necessary building permits from the local authorities concerned and also obtained consent of the Pollution Control Board for operation of diesel generator sets. Ext.P1 is the permit issued to the petitioner by the Taliparamba Municipality for erecting a telecommunication tower at Kolmotta. When steps were taken by the petitioner for construction of the tower, based on Ext.P1 permit, certain residents of the locality under the leadership of the 3rd respondent, obstructed the construction. So, the petitioners representative filed Ext.P3 petition before the police, seeking necessary police protection for constructing the telecommunication tower, without any obstruction from the near-by resident







































































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