W.P. Nos.16492, 16498 & 16501 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P. Nos.16492, 16498 & 16501 of 2022
and
W.M.P.Nos.15784, 15787 &15792 of 2022
W.P. No.16492 of 2022:
M/s.Ascend Telecom Infrastructure Private Limited
Represented by its Authorized Signatory,
Mr.Tamilselvan,
Old No.32, New No.54,
Butt Road, St Thomas Mount,
Near Kathipara Junction,
Chennai - 600 016. ... Petitioner
Vs.
1. The Superintendent of Police,
Tiruvannamalai.
2. The Inspector of Police,
Taluk Police Station,
Tiruvannamalai. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to provide adequate police protection to the petitioner Company and its staff and subordinates to erect, commissioning of equipments and to radiate the ________ https://www.mhc.tn.gov.in/judis Page 1 of 8 W.P. Nos.16492, 16498 & 16501 of 2022 transmission tower at the lease site namely site ID No.ADIYUR situated at Ayan Punja Survey No.69/12B, measuring Acre 0.08.1/4 Cent, Adaiyur Village, Thiruvannamalai Taluk, Thiruvannamalai Joint II Sub Registration District, Thiruvannamalai Registration District measuring to an extent of 1200 Sq.ft.
W.P. No.16498 of 2022 M/s.Ascend Telecom Infrastructure Private Limited Represented by its Authorized Signatory, Mr.Tamilselvan, Old No.32, New No.54, Butt Road, St Thomas Mount, Near Kathipara Junction, Chennai - 600 016. ... Petitioner Vs.
1. The Superintendent of Police, Cuddalore.
2. The Inspector of Police,
Taluk Police Station,
Cuddalore. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to provide adequate police protection to the petitioner Company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the lease site namely site ID No.CDBM65 situated at Ayan Punja Survey No.183/5B, C.Thandeswaranallur Village, Chidambaram Taluk, Chidambaram Joint I Sub Registrar District, Chidambaram ________ https://www.mhc.tn.gov.in/judis Page 2 of 8 W.P. Nos.16492, 16498 & 16501 of 2022 Registration District measuring to an extent of 1200 Sq.ft.
W.P. No.16501 of 2022 M/s.Ascend Telecom Infrastructure Private Limited Represented by its Authorized Signatory, Mr.Tamilselvan, Old No.32, New No.54, Butt Road, St Thomas Mount, Near Kathipara Junction, Chennai - 600 016. ... Petitioner Vs.
1. The Superintendent of Police, Namakkal.
2. The Inspector of Police, Paramathivelur Police Station, Namakkal. ...Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to provide adequate police protection to the petitioner Company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the lease site namely site ID No.POTNR7 situated at Natham Survey No.276/20, Pothanur Panchayat, Velur Sub Registration District, Namakkal Registration District measuring to an extent of 1200 Sq.ft. out of 1755 Sq.ft.
________ https://www.mhc.tn.gov.in/judis Page 3 of 8 W.P. Nos.16492, 16498 & 16501 of 2022 For Petitioner : Mr.A.M.Venkata Krishnan (All WP's) For Respondents : Mr.A.Gokulakrishnan (All WP's) Additional Public Prosecutor COMMON ORDER These Writ petitions are filed to direct the the respondents to provide adequate police protection to the petitioner Company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the lease sites.
2. The case of the petitioner is that the petitioner is engaged in the business of Operation and Maintenance of Mobile phone towers across India for all the mobile phone operators/service providers providing broadband Internet services and other allied services. For the said purpose, cell phone tower is going to be erected. The petitioner had also entered into a lease agreement with the owners of the property and had taken steps to install the cell phone tower. Already, the Government of Tamil Nadu has granted exemption to all the Telecom companies to install the cell phone ________ https://www.mhc.tn.gov.in/judis Page 4 of 8 W.P. Nos.16492, 16498 & 16501 of 2022 towers by virtue of Government Order passed in G.O.Ms.No.2, dated 01.04.2002.
3. When the petitioner attempted to erect the cell phone tower, some people with vested interest claiming to be neighbours have been causing hindrance and preventing the workers from carrying out the construction work. In this regard, the petitioner gave a complaint to the 2nd respondent on 14.06.2022, seeking police protection. However, the 2nd respondent had not acted upon the said complaint and therefore, the present Petitions have been filed.
4. The learned counsel appearing for the petitioner would submit that the issues involved in these petitions are covered by the earlier Judgments of this Court. The learned counsel brought to the notice of this Court the order passed by this Court in Crl.O.P.No.16618 of 2018 dt.28.06.2018.
5. It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, which is extracted hereunder:-
________ https://www.mhc.tn.gov.in/judis Page 5 of 8 W.P. Nos.16492, 16498 & 16501 of 2022 “2.The learned counsel for the petitioner would submit that the petitioner's company had the contract agreement for installation of cell phone tower with M/s.Indus Towers Limited, a company registered under the provisions of Indian Companies Act, 1956. It is further submitted by the learned counsel for the petitioner that whenever the petitioner's company attempted to erect transmission cell phone tower, publics are causing interference. The learned counsel for the petitioner also submitted that by order dated 05.03.2015, the Honourable First Bench of this Court, in W.P.Nos.24976 of 2008 and etc., batch, held that because of the advancement in the science, no one has prevented to erect cell phone towers. It is also submitted that the petitioner has given a complaint dated 24.02.2016 to the first respondent police seeking police protection, for which C.S.R.No.42 of 2016 and since the same has not been considered so far, he has come up with the present petition for the relief stated supra.
3.Heard the learned Additional Public Prosecutor appearing for the respondent.
4.Considering the facts and circumstances of the case, the petitioner is directed to send a fresh representation to the respondent and on receipt of the same, the respondent is ________ https://www.mhc.tn.gov.in/judis Page 6 of 8 W.P. Nos.16492, 16498 & 16501 of 2022 directed to consider the representation to be submitted by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of one week from the date of receipt of copy of this order.
5.With the above directions, this Criminal Original Petition is disposed of.”
6. This Court has consistently taken the view that no one can be prevented from erecting the cell phone towers on a mere apprehension about the effect of radiation from the cell phone tower. The apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions.
7. For the reasons stated above, there shall be a direction to the second respondent police to provide police protection to the petitioner for erection of the cell phone tower. The second respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
________ https://www.mhc.tn.gov.in/judis Page 7 of 8 W.P. Nos.16492, 16498 & 16501 of 2022 N. SATHISH KUMAR, J.
nti/shk
8. With the above direction, these Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
01.07.2022 Index :Yes/No Internet:Yes/No nti/shk To
1. The Superintendent of Police, Tiruvannamalai.
2. The Inspector of Police, Taluk Police Station, Tiruvannamalai.
3. The Superintendent of Police, Cuddalore.
4. The Inspector of Police, Taluk Police Station, Cuddalore.
5. The Superintendent of Police, Namakkal
6. The Inspector of Police, Paramathivelur Police Station, Namakkal.
7. The Public Prosecutor, High Court of Madras.
W.P. Nos.16492, 16498 & 16501 of 2022 and W.M.P.Nos.15784, 15787 &15792 of 2022 ________ https://www.mhc.tn.gov.in/judis Page 8 of 8