Madras High Court
M/S.Indus Towers Limited vs The Superintendent Of Police on 26 April, 2021
W.P.No.10431 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.10431 of 2021
M/s.Indus Towers Limited,
Having its circle office at 5(NP),
ESPEE, IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal,
Chennai 600 097.
Rep.by its Assistant Legal Manager,
S.Prasanna.
...Petitioner
-Vs-
1.The Superintendent of Police,
District Police Office, Vellore.
2.The Deputy Superintendent of Police,
Gudiyatham Sub Division, Vellore .
3.The Inspector of Police,
Gudiyatham Police Station, Vellore.
4.The District Collector,
District Collector Office,
Vellore.
5.The Tahsildar,
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W.P.No.10431 of 2021
Gudiyatham Taluk Office, Vellore.
6.The Municipal Commissioner,
Gudiyatham, Vellore. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to
provide effective 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 T.S.No.546, No.26, 541/4, Hassan
Saibu Street, Dharnampet, Gudiyatham-632 602, Vellore District and
direct the respondents 4 to 6 to co-operate with respondents 1 to 3 as per
the letter dated 20.04.2020 vide Lr.No.DDG (Technology)/TN-
LSA/DM/COVID-19/20-21/02 issued by the Government of India,
Ministry of Communications, Department of Telecommunications to the
Secretary (IT) Government of Tamilnadu, copy to Chief Secretary and
DGP of Police, Tamilnadu.
For Petitioner : Mr.T.N.Karthikeyan
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondents 1 to 3 to
provide effective police protection to the petitioner company to erect
transmission cell phone tower, to install all the telecommunication
electrical & electronic Equipments, OFC Cable and for maintenance work
on the said BTS transmission Tower at T.S.No.546, No.26, 541/4,
Hassan Saibu Street, Dharnampet, Gudiyatham-632602, Vellore District.
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W.P.No.10431 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 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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W.P.No.10431 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 dated
16.08.2018.
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
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W.P.No.10431 of 2021
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 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
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W.P.No.10431 of 2021
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
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.
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Index : Yes/No
Internet: Yes
Speaking Order/Non Speaking Order
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W.P.No.10431 of 2021
To
1.The Superintendent of Police,
District Police Office, Vellore.
2.The Deputy Superintendent of Police,
Gudiyatham Sub Division, Vellore .
3.The Inspector of Police,
Gudiyatham Police Station, Vellore.
4.The District Collector,
District Collector Office,
Vellore.
5.The Tahsildar,
Gudiyatham Taluk Office, Vellore.
6.The Municipal Commissioner,
Gudiyatham, Vellore.
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W.P.No.10431 of 2021
M.NIRMAL KUMAR, J.
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W.P.No.10431 of 2021
26.04.2021
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