Madras High Court
Indus Towers Limited vs The Superintendent Of Police on 23 April, 2021
Crl.O.P.No.8329 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P. No.8329 of 2021
Indus Towers Limited,
Rep.by its Authorized Signatory,
Mr.S.Prasanna,
No.5, ESPEE IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai - 600 097. ... Petitioner
Versus
1.The Superintendent of Police,
Tiruvannamalai District.
2.The Deputy Superintendent of Police,
Cheyyar Division, Tiruvannamalai District.
3.The Inspector of Police,
K-1, Cheyyar Police, Tiruvannamalai District.
4.The District Collector,
Tiruvannamalai District.
5.The Tahsildar,
Tiruvettipuram Taluk, Tiruvannamalai District.
6.The Commissioner,
Tiruvettipuram Municipality,
Tiruvannamalai District. ...Respondents
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Crl.O.P.No.8329 of 2021
Writ Petition filed under Article 226 Constitution of India, to issue
Writ of Mandamus, to direct the respondent police 1 to 3, to provide
necessary police protection to the petitioner for their mobile phone tower
works at the premises being about 1500 sq.ft of land at S.F.No.71/15, Plot
No.4 & 5, Kizhpudupakkam, Cheyyar, Tiruvannamalai District, on the
representation dated 24.03.2021 to the third respondent under online
reference No.BAS21042935, dated 24.03.2021, and direct the respondents 4
to 6 to render necessary co-operation to the respondents 1 to 3 in the matter.
For Petitioner : Mr.S.Anil Sandeep
For Respondents : Mr. M.Mohammed Riyaz,
Additional Public Prosecutor
ORDER
This petition has been filed for the issuance of a Writ of mandamus,
directing the respondents 1 to 3 to provide the police protection to the
petitioner company to erect transmission cell phone tower and to install all
the telecommunication electrical & electronic Equipments, OFC Cable and
its maintenance work on the said BTS transmission Tower at S.F.No.71/15,
Plot No.4 & 5, Kizhpudupakkam, Cheyyar, Tiruvannamalai District, and
direct the respondents 4 to 6 to co-operate with respondents 1 to 3 as per the
letter dated 24.03.2021, the petitioner undertakes to pay necessary charges.
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Crl.O.P.No.8329 of 2021
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 owner 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
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 3rd respondent
on 24.03.2021, seeking police protection. However, the 3rd respondent had
not acted upon the said complaint and therefore, the present Petition has
been filed.
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Crl.O.P.No.8329 of 2021
4.The learned counsel appearing for the petitioner would submit that
the issue involved in this petition is 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:-
“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
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Crl.O.P.No.8329 of 2021
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 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.
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Crl.O.P.No.8329 of 2021
7.For the reasons stated above, there shall be a direction to the third
respondent police to provide police protection to the petitioner for erection
of the cell phone tower. The third respondent police shall ensure that the
entire process goes on in a smooth manner, without giving raise to any law
and order problem.
8. This writ petition is disposed of with the above direction. No costs.
23.04.2021
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Index: Yes/No
Internet: Yes/No
klt
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.8329 of 2021
To
1.The Superintendent of Police,
Tiruvannamalai District.
2.The Deputy Superintendent of Police,
Cheyyar Division, Tiruvannamalai District.
3.The Inspector of Police,
K-1, Cheyyar Police, Tiruvannamalai District.
4.The District Collector,
Tiruvannamalai District.
5.The Tahsildar,
Tiruvettipuram Taluk, Tiruvannamalai District.
6.The Commissioner,
Tiruvettipuram Municipality,
Tiruvannamalai District.
7.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.8329 of 2021
M.NIRMAL KUMAR, J.
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W.P.No.8329 of 2021
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