Judgename : K.BALAKRISHNAN NAIR,M.C.HARI RANI
Essar Telecom Infracture (P) Ltd., - Appellant
Versus
C.I.of Police, Thaliparamba - Respondents
Case No : W.P.(C) Nos.26169 of 2007 & 6960, 7450, 7476, 10424, 10435, 12904, 18568, 22490, 27780 & 30600 of 2008
Decided On : 10/21/2008
Constitution of India, Article 226 -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 -Held, Writ Petition is dismissed without prejudice to the contentions of the petitioner and its right to move the competent civil court for appropriate reliefs. It is made clear that we have not made any decision regarding the rival claims concerning the health hazard emanating from the electromagnetic fields generated by the mobile phone towers -Writ Petitions are also dismissed.
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 residents and the persons in the locality. The relevant portion of the said representation reads as follows:
"1. Essar Telecom Infrastructure (P) Ltd., is part of ESSAR Group and has stated operations in September 2005. The Head Office of the Company is at Essar House, Mahalalakshmi, Mumbai. We had set up 400 Mobile Telecommunication towers at various places throughout the State of Kerala for enhancing the net work coverage for various Mobile Operators after having obtained the requisite no objection certificate from the local authorities concerned.
2. For improving the coverage in the Kolmotta in Kannur District, we submitted an application for putting up a telecommunication tower in Taliparamba Municipality and the same has been approved, issuing the building permit which is attached with the petition and referred as No.2.
3. When steps were taken by the Company for constructing the Tower, certain residents of the locality including Mr.Lashman, Chaithram, Parassinikkadavu P.O., Kolmotta, Kannur and some others alleging that the putting up of the tower will cause health hazard to the residents of the locality, obstructed the same. The allegation that the construction of the telecommunication tower will cause health hazards to the residents of the locality is absolutely baseless. A Division Bench of Kerala High Court has decided in the case Reliance v. Chemanchery Grama Panchayat published in 2006(4) KLT 695, that the mobile tower is not causing hazardous effects to human bodies.
4. When people are causing problem in tower site we have approached the DGP of Kerala for police protection, he has pleased to give a direction to police officials to provide police protection, if statutory compliances are fulfilled. The order copy is attached and referred as No.1.
5. In these circumstances, your good self may be pleased to provide effective and adequate police protection for constructing the telecommunication tower without any obstruction from the nearby residents and persons in the locality." (Emphasis supplied)
Ext.P3(2) is the receipt issued by the Sub Inspector of Police, Taliparamba on submission of Ext.P3 before the said officer. Alleging that the police did not extend any help, this Writ Petition is filed, seeking the following relief:
"issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding first and second respondents to provide effective and adequate police protection to the petitioners workers for constructing the telecommunication tower without any obstruction from respondent Nos.3 to 6 and their henchmen."
3. The 1st and 2nd respondents respectively are the Circle Inspector and Sub Inspector of Police, Taliparamba. The respondents 3 to 6 have filed a counter affidavit, resisting the prayers in the writ petiti
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