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High Court of Kerala
Jacob Benjamin Koshy, P. Bhavadasan, JJ.
Dishnet Wireless Ltd - Appellant
Versus
Circle Inspector Of Police & Ors - Respondent
W.P.(C) No. 3210 of 2009
Decided On : 13-02-2009
Transmission Tower - Telecommunication Services - The court held that the construction of the transmission tower cannot be obstructed as long as it is being done with a valid permit and in the absence of statutory prohibitory orders. Local residents must obtain prohibitory orders from the statutory authority or the Court if they have objections to the construction.
Fact of the Case:
The petitioner, a telecommunication company, sought permission to construct a transmission tower, which was granted by the local authority. However, local residents obstructed the construction, citing health hazards.
Finding of the Court:
The court held that the construction of the tower cannot be obstructed as long as it is being done with a valid permit and in the absence of statutory prohibitory orders. It directed the local residents to obtain prohibitory orders from the statutory authority or the Court if they have objections to the construction.
Issues: Obstruction of construction of transmission tower by local residents, requirement of prohibitory orders, and the role of the police in providing assistance and protection.
Ratio Decidendi: The construction of the tower cannot be obstructed in the absence of statutory prohibitory orders, and local residents must obtain such orders from the statutory authority or the Court if they have objections to the construction.
Final Decision: The writ petition is disposed of accordingly, allowing the construction of the transmission tower to proceed with police assistance and protection.
J.B. Koshy, Ag. C.J.
1. Petitioner is a company engaged in providing telecommunication and related services. The petitioner got all the licences required. Petitioner approached the local authority for permission to construct the tower. Local authority granted permission as can be seen from Ext. P3. It is the contention of the petitioner that local people are obstructing construction of the tower apprehending health hazards. As per the statutory conditions, petitioner has to construct the building after considering the structural safety etc. Both sides have produced various literatures regarding the effect of the use of transmission towers. It is also contended by the respondents that licence has to be issued under Section 233 of the Panchayat Raj Act for functioning the transmission tower. According to the petitioner, it is not necessary. In any event, that question need be considered only at the time when machineries are installed and transmission is being started. Here, what is done is only construction of the tower. If the local residents have any objection regarding the construction of the tower, they have to obtain prohibitory orders from the statutory authority or from the Court. In the absence of such prohibitory orders, they cannot obstruct the construction using muscle power. Rule of the land should be followed. It is for the respondents to approach the Panchayat detailing all the objections and Panchayat should consider their objections also before functioning of the tower. Construction of the tower cannot be obstructed. Therefore, so long as the construction is being done with valid permit and in the absence of statutory prohibitory orders, police should give assistance and effective protection for the construction of the tower. This will not prevent the contesting respondents or local people for approaching the statutory authority or Civil Court for appropriate orders.
The writ petition is disposed of accordingly.
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