Madras High Court
Atc Telecom Infrastructure Pvt ... vs The District Collector on 23 April, 2021
W.P.No.10140 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.10140 of 2021
ATC Telecom Infrastructure Pvt Ltd.,
Represented by Authorized Signatory
N.Senathipathi
“Celestial Point”, No.45,
Damodharan Street,
T.Nagar, Chennai 600 017. ... Petitioner
Versus
1.The District Collector
Collectorate Office
Karuppa Gaundanpalayam
Tiruppur, Tamil Nadu 641 604.
2.The Superintendent of Police
District Police Office
Tiruppur 641 603.
3.The State,
Rep.by Inspector of Police (Law & Order)
Avinashi Police Station
Avinashi 641 654. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.10140 of 2021
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the respondents 2 & 3
to forthwith provide effective police protection to the petitioner's
company to fully complete the erection of transmission cell phone
tower and to install all the telecommunication electrical and
electronic equipments, cables at the open land admeasuring about
1200 Sq.ft. (30x40) out of total land measuring about more or less
18,312 Sq.ft., or 1701.86 Sq.Meter or Acre 0.42 cents situated
and/or comprised in Survey No.335/8, Re-Survey No.335/8B lying
and situated at Palagarai Village, Patta No.195, Avinasi SRO,
Tiruppur Registration District, Avinasi Taluk, Tiruppur District, on
the basis of the complaint filed by the petitioner dated 03.03.2021,
since the deemed permission to install the BTS transmission Tower
was granted by the first respondent as per the G.O.(MS).No.1,
Information Technology (B4) Department dated 21.02.2018, by
implementing the Indian Telegraph Right of way Rules, 2016,
notified by the Government of India, Ministry of Communications,
Department of Telecommunication vide No.G.S.R.No.1070 (E)
dated 15.11.2016.
2/6
https://www.mhc.tn.gov.in/judis/
W.P.No.10140 of 2021
For Petitioner : Mr.J.Ravikumar
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
The petitioner which is the company involved in
erection of cellphone tower has come forward with this petition
seeking police protection.
2. Heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor for the respondents.
3. The learned counsel for the petitioner relied on the
decision of a Division Bench of this Court in W.P.Nos.24976 of
2008 etc. batch cases and the decision of a learned Single Judge of
this Court in Crl.O.P.(MD).Nos.12596 to 12599 of 2014 and 12601
of 2014 would submit that without any basis their activities cannot
be stopped.
https://www.mhc.tn.gov.in/judis/
W.P.No.10140 of 2021
4. The law regarding establishment of cellphone tower
has already been dealt with in the judgments referred supra. In the
absence of any illegality or unlawful activities, no one can interfere
with the lawful activities of a person concerned. If there is any
objection for construction and erection of cellphone tower, the
objector will has to workout his remedy in the manner known to law
instead of preventing the person concerned from putting up
construction, which is legally entitled to do so.
5. 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 rise to any law and order problem
and the petitioner shall pay a cost of Rs.10,000/- (Rupees Ten
thousand only) to the respondent police towards police protection.
https://www.mhc.tn.gov.in/judis/
W.P.No.10140 of 2021
6. Accordingly, this Criminal Original Petition is
disposed of with a direction to the respondents to give adequate
police protection, if there is no legal impediments.
23.04.2021
Index: Yes/No
Internet: Yes/No
dna
To
1.The District Collector
Collectorate Office
Karuppa Gaundanpalayam
Tiruppur, Tamil Nadu 641 604.
2.The Superintendent of Police
District Police Office
Tiruppur 641 603.
3.The Inspector of Police (Law & Order)
Avinashi Police Station
Avinashi 641 654.
4.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
W.P.No.10140 of 2021
M.NIRMAL KUMAR, J.
dna
W.P.No.10140 of 2021
23.04.2021
https://www.mhc.tn.gov.in/judis/
