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Judgment
A.M. Shaffique, J.—The petitioner has approached this Court seeking police protection for constructing/erecting telecommunication tower in the property situated in Survey Nos. 364/9-3-2 and 364-9-6 of Mynagappally Village, Kunnathoor Taluk, Kollam District. Petitioner submits that they have obtained necessary permit/license for putting up the said tower. This fact is admitted by the 3rd respondent as well in their counter affidavit. Though notice was served on party respondents, there is no appearance on their behalf.
The learned Government Pleader, on instructions, submits that certain people in the locality are obstructing putting up of the tower on the allegation that it will create health hazards to the neighbouring land owners. The question whether it causes health hazards or not was considered by this Court in Essar Telecom Infrastructure (P) Ltd. Vs. State of Kerala, and it is found that the present studies do not reveal any such health hazard. In the light of the said judgment, we do not think that the apprehension expressed by the people in the locality is in any way justified.
Having regard to the above factual situation, this writ petition is allowed as follows:
In the event of any obstruction by party respondents or their men, respondents 1 to 4 are directed to afford adequate and effective police protection to the petitioner for erection/construction of the telecommunication tower in the aforesaid property.