IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1342 OF 2019 (GM-POLICE) BETWEEN:
M/s. Indus Towers Ltd., No.12, Tower-D, 7th Floor, Subramanya Arcade, Bannerghatta Road, Bengaluru-29, Represented by its Authorized Signatory, Sri.Mahesh.B (By Sri.Rohith B.J., Advocate) AND:
1. State of Karnataka, Represented by its, Chief Secretary, Vidhana Soudha, Bengaluru-1.
2. The Commissioner of Police, Bengaluru City, Bengaluru-01.
3. The Station House Officer, Kothnur Police Station, Bengaluru.
(By Sri. Vijay Kumar A. Patil, AGA) … Petitioner … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to extend adequate protection to the petitioner’s mobile telecommunication tower being installed in the schedule property and further to extend adequate protection to the workers and assets connected with the telecommunication tower thereon as requested through their complaint dated 20.11.2018, produced at Annexure-C and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Rohith.B.J, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned AGA takes notice for respondents.
The petition is admitted for hearing. With the consent of both parties, the same is heard finally.
2. In this petition, the petitioner is seeking the following reliefs:
“a) Issue a writ of mandamus directing the respondents to extend adequate protection to the petitioner’s mobile telecommunication tower being installed in the schedule property and further to extend adequate protection to the workers and assets connected with the telecommunication tower thereon as requested through their complaint dated 20.11.2018, produced at Annexure-C and b) Any other writ or order or direction as this Hon’ble Court deems fit in the circumstance of the case, in the interest of justice and equity.”
3. When the matter was taken up today, learned counsel for the petitioner submits that the neighbours are preventing the petitioner from erecting telecommunication tower, which they are installing in accordance with law. It is also submitted that the petitioner has submitted a representation contained in Annexure-C dated 20.11.2018 to respondent No.3, namely, the Station House Officer, Kothnur Police Station, Bengaluru City. It is further submitted that the aforesaid representation of the petitioner has failed to receive any response and the writ petition be disposed of with a direction to respondent No.3 to take a decision with regard to providing police protection to its employees as well as property.
4. On the other hand, learned AGA submitted that in case such a representation is pending, the same shall be dealt with in accordance with law.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction to respondent No.3 to consider and decide the representation submitted by the petitioner seeking police protection with regard to its property and employees by a speaking order within a period of three weeks from the date of receipt of the certified copy of the order passed today.
Sd/- JUDGE dn/-