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2011 Supreme(Online)(KER) 48117
HIGH COURT OF KERALA
PIUS C.KURIAKOSE, K.HARILAL, JJ
INDUS TOWERS LTD – Appellant
Versus
THE S I OF POLICE, PERUNADU – Respondent
WRIT PETITION (CIVIL) 30228/2011
Legitimate commercial operations, such as telecommunications infrastructure maintenance, warrant protection from obstruction when unchallenged by opponents.
Headnote:
Protection - Telecommunications - Companies Act - Sections Unspecified - The court granted police protection to the petitioner company for installation and maintenance works of a telecommunications tower, referencing prior case law regarding rights to operate infrastructure without obstruction.
Fact of the Case:
The petitioner company, engaged in infrastructure work for telecommunication, faced obstructions from local respondents claiming health hazards from a transmission tower. Police protection was sought to proceed with their work.
Finding of the Court:
The court noted that the respondents did not appear to challenge the petitioners' claims, thus supporting the need for granting police protection based on precedents in similar cases.
Issues: Whether the petitioner is entitled to police protection for the installation and maintenance of the telecommunications tower in the face of local opposition.
Ratio Decidendi: The court based its decision on the principle that legitimate commercial activities should not be obstructed without substantial evidence of harm, affirming rights established in prior case law.
Final Decision: Writ Petition allowed, granting police protection to the petitioners.
J U D G M E N T
K.Harilal, J The 1st petitioner is a company registered under the Companies Act and the company is engaged in providing infrastructure facilities to the Department of Telecommunication, Ministry of Communications & IT, Government of India etc. The company is entrusted with installation, maintenance, up gradation and other allied works of the tower constructed in the property comprised in Sy.No.295/10 of Vadasserikkara village, Ranny Taluk, Pathanamthitta District.
2. The grievance of the petitioners is that the respondents 4 to 7 and their men had obstructed transmission and maintenance works of the tower on mistaken assumption that function of the tower will cause health hazards. Therefore in view of the above apprehension the petitioners sought for police protection to do installation works, maintenance and up gradation works of the mobile transmission tower. Though notice has been issued against respondents 4 to 7, they have not W.P(C) No.30228 of 2011 entered appearance and thereby allegations put forward in the writ petition stands unchallenged. Therefore, in view of the decision rendered by this Court in ESSAR Telecom Infrastructure (P) Ltd. V. State of Kerala (2011(2) KLT 516) , we are inclined to grant police protection to the petitioners as prayed for.
3. The respondents 1 and 2 are directed to provide sufficient police protection to the petitioners and their workers to enter into the property situated in Survey No.295/10 of Vadasserikkara Village, Ranny Taluk, Pathanamthitta District and to install all equipments enabling the petitioners to share the tower constructed with other service providers and also to maintain and modernise the tower without any threat or obstruction from respondents 4 to 7 or any others under them.
The Writ Petition stands allowed.
PIUS C. KURIAKOSE JUDGE
