Indus Towers Limited vs District Collector And Ors

The petitioner, a company incorporated under the Companies Act, 1956 is engaged in offering passive infrastructure services to all telecom

operators and other wireless service providers. The company has been issued with Ext.P2 building permit by the Bharanikavu Grama Panchayath for

erection of a Mobile Telecommunication Tower in Sy. No.57/1 of Kattanam Village, Mavelikkara Taluk. While the company was engaged in the

process of establishing the tower, they are stated to have met with resistance from the residents of the locality. When work was disrupted, the

petitioner approached the respondents 2 and 3 and requested for protection to enable them to carry out the work. According to them, no support was

extended in spite of the fact that Telegraph and Telephone service has been declared as an essential service as per the Disaster Management Act,

2005 and also under the relevant provisions of the Essential Services Maintenance Act, 1968.

The petitioner refers to Exhibit P3 communication issued by the Chairman, Kerala State Telecom Disaster Coordination Committee whereby

directions have been issued to the District Administration and the Police to provide support to the telecom infrastructure providers and also to support

the personnel for carrying out installation and maintenance and also to the passive infrastructure establishment and all other entities connected thereto.

Instead of acting in terms of Exhibit P3, the Police are taking a lethargic attitude which gives an added impetus to antisocial elements to disrupt the

work, contends the petitioner. It is in the afore circumstances that the petitioner approached this Court seeking a direction to the respondents to

provide adequate protection to the staff and employees of the petitioner to proceed with the construction of the telecommunication tower on the

strength of Exhibit P2 permit without any threat, obstruction or hindrance from any person.

I have heard Sri. Krishna Prasad S, the learned counsel appearing for the petitioner and the learned Government Pleader.

The learned Government Pleader on instructions submitted that the District Telecom Committee has started functioning and in view of the

directions issued by this Court in Indus Towers Ltd., Palarivattom v. Sub Inspector of Police, Thodupuzha and Ors1, when an effective procedure has

been provided for resolving all issues relating to installation or energizing of mobile transmission towers, the petitioner will have to exhaust such

remedies.

I have considered the submissions advanced. This Court in Indus (supra) had held that it is for the DTC to consider all the aspects relating to

erection of Mobile Telecommunication towers and take a decision. The learned Government Pleader submits that a decision can be taken in an

expeditious manner. In that view of the matter, I direct the petitioner to approach the DTC for redressing their grievance and on submission of such

representation, the DTC shall consider the same with notice to the affected parties and take a decision as expeditiously as possible.

Till orders are passed by the DTC, the 2nd respondent shall ensure that law and order is maintained.

This Writ Petition will stand disposed of.