INDIA TELECOM INFRA LTD Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has come to this Court seeking issue of directions to respondents 1 and 2 to afford police protection to the petitioner for undertaking the work of construction, installation and operation of a mobile tower in accordance with Ext.P3 permit against any illegal obstruction that may be raised by respondents 3 and 4. Ext.P3 permit is issued by the 5th respondent/Panchayat. A person has got himself impleaded as the additional 6th respondent.

(2.) ACCORDING to the petitioner, Ext.P3 permit is valid. He is entitled to undertake the work in accordance with the terms of Ext.P3. Respondents 3 and 4 are raising untenable objections and obstructions. In these circumstances, protection may be ordered, it is prayed.

(3.) WE have heard the learned counsel for the petitioner. 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). Except that the tower, if installed and operated, would cause health hazards to the members of the local community, no other objections are raised.