Ascend Telecom Infrastructure Pvt. Ltd. Vs. the Commissioner of Police - Court Judgment

SooperKanoon Citationsooperkanoon.com/1137028
CourtKerala High Court
Decided OnApr-02-2014
JudgeHON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
AppellantAscend Telecom Infrastructure Pvt. Ltd.
RespondentThe Commissioner of Police
Excerpt:
in the high court of kerala at ernakulam present: the hon'ble the chief justice dr. manjula chellur & the honourable mr.justice a.m.shaffique wednesday, the2d day of april201412th chaithra, 1936 wp(c).no. 29829 of 2013 (c) ---------------------------- petitioner(s): ----------------------- ascend telecom infrastructure pvt. ltd., 32/2987-d, 2nd floor, salamiya building, aysha road, nh byepass, vyttila, ernakulam- 682 019, represented by its authorized person boby sebastian circle head. by adv. sri.p.sathisan. respondent(s): ---------------------------- 1. the commissioner of police, alappuzha district.2. station house officer, mannancherry police station, alappuzha, pin- 688 542.3. raju panicker, pathirappally house, north aryadu p.o., mannancherry,alappuzha district, pin- 688 542.4. somasekharan nair, vijay bhavan, north aryadu p.o., mannancherry,alappuzha district, pin- 688 542.5. anti mobile telecommunication tower action group, mannancherry grama panchayath, rep. by unnikrishnan, paravackal house, north aryadu p.o., mannancherry, alappuzha district, pin- 688 542.6. mannancherry grama panchayath, rep.by its secretary,mannancherry, ambalappuzha, alappuzha district, pin- 688 542. r1 & r2 by sri.p.vijayaraghavan, state attorney. r3 to r5 by adv. sri.p.shanes methar. r6 by advs. sri.v.satheesh, sri.a.krishnan. this writ petition (civil) having been finally heard on0204-2014, the court on the same day delivered the following: rs. wp(c).no. 29829 of 2013 (c) appendix petitioner's exhibits:- exhibit p1 copy of the license issued by govt. of india to m/s.aster infrastructure pvt. ltd. dated1809/2002 (presently known as (ascend telecom infrastructure pvt. ltd.). exhibit p2 copy of the certificate issued by govt.of india to the petitioner showing the change of name as ascend telecom infrastructure pvt. ltd. dated1908/2010. exhibit p3 copy of the relevant notification conferring the status of telegraph authority on the petitioners. exhibit p4 copy of the building permit dated2204/2013. exhibit p5 copy of the order in appeal no.495/2013 dated1910/2013. exhibit p6 copy of the complaint submitted before the2d respondent dated2511/2013. exhibit p7 copy of the acknowledgment to the p2 complaint dated2511/2013. respondent's annexures:- annexure r3a copy of the plaint in o.s. no.33/2013 on the file of hon'ble munsiff court, alappuzha. annexure r3b copy of the status quo order passed by hon'ble vacation court, alappuzha. //true copy// p.a. to judge rs. manjula chellur c.j.& a.m.shaffique, j.= = = = = = = = = = = = = = = = w.p.(c). no.29829 of 2013 = = = = = = = = = = = = = = = = = = = = = dated this the 2nd day of april, 2014 judgment shaffique, j petitioner has approached this court seeking police protection for putting up a telecommunication tower. petitioner is an infrastructure company engaged in the business of installing towers for various service providers.2. learned counsel for petitioner however, would submit that in a suit filed by certain persons as o.s.no.33 of 2013 pending before the munsiff's court, alleppey, status quo has been directed to be maintained. in the said suit bsnl is the defendant and they are bound by the said order.3. apparently, since the petitioner is putting up the tower on behalf of bsnl, petitioner is also obliged to comply with the said direction. if the petitioner wants to proceed with the construction, they have to get modification of the order passed by the munsiff's court. w.p.(c). no.29829 of 2013 2 in that view of the matter, this court cannot issue any directions as sought for by the petitioner. accordingly, this writ petition is dismissed. manjula chellur, chief justice a.m.shaffique, judge. sj 3/4
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE2D DAY OF APRIL201412TH CHAITHRA, 1936 WP(C).No. 29829 of 2013 (C) ---------------------------- PETITIONER(S): ----------------------- ASCEND TELECOM INFRASTRUCTURE PVT. LTD., 32/2987-D, 2ND FLOOR, SALAMIYA BUILDING, AYSHA ROAD, NH BYEPASS, VYTTILA, ERNAKULAM- 682 019, REPRESENTED BY ITS AUTHORIZED PERSON BOBY SEBASTIAN CIRCLE HEAD. BY ADV. SRI.P.SATHISAN. RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER OF POLICE, ALAPPUZHA DISTRICT.

2. STATION HOUSE OFFICER, MANNANCHERRY POLICE STATION, ALAPPUZHA, PIN- 688 542.

3. RAJU PANICKER, PATHIRAPPALLY HOUSE, NORTH ARYADU P.O., MANNANCHERRY,ALAPPUZHA DISTRICT, PIN- 688 542.

4. SOMASEKHARAN NAIR, VIJAY BHAVAN, NORTH ARYADU P.O., MANNANCHERRY,ALAPPUZHA DISTRICT, PIN- 688 542.

5. ANTI MOBILE TELECOMMUNICATION TOWER ACTION GROUP, MANNANCHERRY GRAMA PANCHAYATH, REP. BY UNNIKRISHNAN, PARAVACKAL HOUSE, NORTH ARYADU P.O., MANNANCHERRY, ALAPPUZHA DISTRICT, PIN- 688 542.

6. MANNANCHERRY GRAMA PANCHAYATH, REP.BY ITS SECRETARY,MANNANCHERRY, AMBALAPPUZHA, ALAPPUZHA DISTRICT, PIN- 688 542. R1 & R2 BY SRI.P.VIJAYARAGHAVAN, STATE ATTORNEY. R3 TO R5 BY ADV. SRI.P.SHANES METHAR. R6 BY ADVS. SRI.V.SATHEESH, SRI.A.KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0204-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 29829 of 2013 (C) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 COPY OF THE LICENSE ISSUED BY GOVT. OF INDIA TO M/S.ASTER INFRASTRUCTURE PVT. LTD. DATED1809/2002 (PRESENTLY KNOWN AS (ASCEND TELECOM INFRASTRUCTURE PVT. LTD.). EXHIBIT P2 COPY OF THE CERTIFICATE ISSUED BY GOVT.OF INDIA TO THE PETITIONER SHOWING THE CHANGE OF NAME AS ASCEND TELECOM INFRASTRUCTURE PVT. LTD. DATED1908/2010. EXHIBIT P3 COPY OF THE RELEVANT NOTIFICATION CONFERRING THE STATUS OF TELEGRAPH AUTHORITY ON THE PETITIONERS. EXHIBIT P4 COPY OF THE BUILDING PERMIT DATED2204/2013. EXHIBIT P5 COPY OF THE ORDER

IN APPEAL NO.495/2013 DATED1910/2013. EXHIBIT P6 COPY OF THE COMPLAINT SUBMITTED BEFORE THE2D RESPONDENT DATED2511/2013. EXHIBIT P7 COPY OF THE ACKNOWLEDGMENT TO THE P2 COMPLAINT DATED2511/2013. RESPONDENT'S ANNEXURES:- ANNEXURE R3A COPY OF THE PLAINT IN O.S. NO.33/2013 ON THE FILE OF HON'BLE MUNSIFF COURT, ALAPPUZHA. ANNEXURE R3B COPY OF THE STATUS QUO ORDER

PASSED BY HON'BLE VACATION COURT, ALAPPUZHA. //TRUE COPY// P.A. TO JUDGE rs. MANJULA CHELLUR C.J.

& A.M.SHAFFIQUE, J.

= = = = = = = = = = = = = = = = W.P.(C). No.29829 of 2013 = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of April, 2014 JUDGMENT

Shaffique, J Petitioner has approached this Court seeking police protection for putting up a telecommunication tower. Petitioner is an infrastructure company engaged in the business of installing towers for various service providers.

2. Learned counsel for petitioner however, would submit that in a suit filed by certain persons as O.S.No.33 of 2013 pending before the Munsiff's Court, Alleppey, status quo has been directed to be maintained. In the said suit BSNL is the defendant and they are bound by the said order.

3. Apparently, since the petitioner is putting up the tower on behalf of BSNL, petitioner is also obliged to comply with the said direction. If the petitioner wants to proceed with the construction, they have to get modification of the order passed by the Munsiff's Court. W.P.(C). No.29829 of 2013 2 In that view of the matter, this Court cannot issue any directions as sought for by the petitioner. Accordingly, this writ petition is dismissed. MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE. sj 3/4