Indus Towers Limited vs District Police Chief Alappuzha 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.P5 building permit by the 4th respondent for installation of a tower in Sy. No.33/1 C1 of Aroor Village, Alappuzha District. 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 1 and 2 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 P4 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 P4, 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 P5 permit without any threat, obstruction or hindrance from any person.

I have heard Sri. P.Sathisan, 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 Ors [2014 (4) KLT 306], 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.