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 have inter alia held that the mobile tower is a building as defined. However, as regards the specific issue raised whether the petitioners should be granted relief on the strength of what is described as deemed permit we are of the following view. Petitioners would rely on the following provisions for claiming the benefit of deemed permit.

"143. Power of the Secretary to regularize certain constructions:-

The Secretary shall have the power to regularize construction or reconstruction or addition or alteration of any building or digging of any well or telecommunication tower or any structure or land development or any work for which permission of the Secretary is necessary under this rule, commenced, being carried on or completed without obtaining approved plan or in deviation of the approved plan:

Provided that such construction or reconstruction or addition or alteration of any building or digging of any well shall not be in violation of any of the provisions of the Act or these rules:

Provided further that such power shall not relieve the Secretary of his responsibility in detecting and preventing such work and in taking other actions as per these rules:

Provided also that where the construction or work was commenced, being carried on or completed after the statutory period specified in Rules 15, 97, 126 or 141 and as per rules, construction or work shall be considered as duly permitted and not one requiring regularization."

They rely on the third proviso. It is necessary to refer to Rules 13 and 14 of the Building Rules which read as follows:

"13. Period within which approval or disapproval shall be intimated.- The Secretary, shall, within thirty days from the date of receipt of the application for approval of site plan, or any information or further information required under these rules or bye laws under the Act, by written order either approve or refuse to approve the site plan on any of the grounds mentioned in rule 12 and intimate the same to the applicant.

14. Period within which Secretary is to grant or refuse permission to execute work.-

The Secretary shall within thirty days from the date of receipt of an application for permission to execute any work or any information or document or further information or further document required under these rules or bye laws made under the Act, by written order either grant or refuse to grant such permission on any of the grounds mentioned in rule 12 and intimate the same to the applicant:

Provided that the said thirty days shall not begin to run until the site has been approved under rule 13."

Rule 13 and 14 fall in Chapter II of the Kerala Municipality Building Rules, 1999. Rule 16 also falls in Chapter II. Rule 16 provides inter alia for suspension and revocation of permit issued under the