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2011 Supreme(Ker) 348

K.M.JOSEPH, M.C.HARI RANI
Wireless - TT Info Services Limited – Appellant
Versus
S. I. Of Police – Respondent


Advocates Appeared:
For the Petitioner:A.Mohamed Mustaque, Advocate.
For the Respondents:T.B.Shajimon, Advocate.

JUDGMENT :-


K.M.Joseph, J.

In all these writ petitions except as herein after stated the petitioners have approached this Court seeking writ of mandamus to grant police protection for construction of mobile towers on the strength of what is described as deemed permits. In there is a prayer for police protection for operation of the mobile tower and also to give protection to the workers of the petitioner and its assets. In W.P.(C) No.14313/2010 there is a prayer to give protection for installation and energisation of the mobile tower.

2. The respondents would oppose the prayers. They would point out health hazards. Various other objections are also raised. They include whether apart from the permit any other permission is required ? Whether a mobile tower is a workplace?

Whether the component parts are machinery under Section 233 of the Kerala Panchayat Raj Act? Whether the tower is a building? We heard these matters along with a batch of other writ petitions. We have already in a batch of writ petitions, (W.P.(C) No.14094/2010 and connected cases) decided these issues and we follow the said judgment and the principles laid down in those cases will apply in these cases also. We ha































































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