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Judgment
R. Basant, J.—The Petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to Respondents 1 to 4 to afford protection to the Petitioner for the construction of a telecommunication tower in accordance with Ext.P1 building permit issued by the 9th Respondent against any illegal objection/obstruction of Respondents 5 to 8.
Notice was ordered to the Respondents. Respondents 5 to 8 have entered appearance. The learned Counsel for Respondents 5 to 8 submits that Respondents 5 to 8 have no objection against the undertaking of the construction and operation of the telecommunication tower. For the 9th Respondent, counsel appears. The learned Counsel submits that the 9th Respondent has no objection.
Ext.P1 is a regular permit. There is no contention for any one that the permit is not valid. Our attention has been drawn to the decisions in Essar Telecom Infrastructure (P) Ltd. v. C.I. of Police 2010 (2) KLT 762 (FB) and Essar Telecom Infrastructure (P) Ltd. v. State of Kerala 2011 (2) KHC 171. We are satisfied that the Petitioner is entitled to undertake the construction subject, of course, to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala 2011 (2) KHC 171.
In the absence of objections from any one and in the light of the precedents referred above, we are satisfied that this writ petition can be allowed.
In the result:
(a) This writ petition is allowed.
(b) Respondents 1 to 4 are directed to afford adequate and sufficient police protection to the Petitioner to construct, instal and operate the mobile tower in accordance with Ext.P1 building permit issued by the 9th Respondent against any objection/obstruction that may be raised by Respondents 5 to 8.
(c) Needless to say that this judgment shall be subject to the observations and conditions in Essar Telecom Infrastructure (P) Ltd. v. State of Kerala 2011 (2) KHC 171.