Madras High Court
Indus Towers Limited vs The Commissioner Of Police on 19 August, 2021
W.P.No.17231 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.17231 of 2021
Indus Towers Limited
Rep by its Authorised Signatory
Mr.S.Prasanna,
No.5 ESPEE IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai – 600 097.
... Petitioner
Versus
1. The Commissioner of Police,
Greater Chennai.
2. The Assistant Commissioner of Police,
Ennore Range.
3. The Inspector of Police,
M-7, Manali Pudhunagar Police Station,
Manali Pudhunagar, Chennai.
4. The District Collector,
Thiruvallur District.
Page No.1 of 9
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W.P.No.17231 of 2021
5. The Commissioner,
Greater Chennai Corporation.
6. The Tahsildar,
Thiruvottriyur Taluk
Thiruvallur District ...Respondents
PRAYER: Writ Petition has been filed under Article 226 of the
Constitution to issue Writ of Mandamus directing the respondents 1 to 3
to provide necessary Police protection to the petitioner for their mobile
phone tower works at the premises being about 800 Sq Ft of land at
No.12, 84th street, 24 feet road, Sadaiyankuppam, 128th Block, Manali
New town, Thiruvallur District 600 103 and situated within Greater
Chennai Corporation Limits, on the representation dated 29.07.2021,
under online reference No.HAL21103231 dated 29.07.2021, 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.A.Damodaran,
Government Advocate (Crl.side)
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W.P.No.17231 of 2021
ORDER
This Writ Petition has been filed for the issuance of a Writ of
mandamus, to the petitioner for their mobile phone tower works at the
premises being about 800 Sq Ft of land at No.12, 84th street, 24 feet
road, Sadaiyankuppam, 128th Block, Manali New town, Thiruvallur
District 600 103 and situated within Greater Chennai Corporation Limits,
on the representation dated 29.07.2021, under online reference
No.HAL21103231 dated 29.07.2021, and direct the respondents 4 to 6 to
render necessary co-operation to the respondents 1 to 3 in the matter.
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
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W.P.No.17231 of 2021
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 29.07.2021, seeking police protection. However, the
3rd respondent had not acted upon the said complaint and therefore, the
present Petition has been filed.
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.
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W.P.No.17231 of 2021
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 considered so far, he has
come up with the present petition for the relief stated
supra.
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W.P.No.17231 of 2021
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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W.P.No.17231 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.
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Index: Yes/No
Internet: Yes/No
mrp
To
1. The Commissioner of Police,
Greater Chennai.
2. The Assistant Commissioner of Police,
Ennore Range.
3. The Inspector of Police,
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W.P.No.17231 of 2021
M-7, Manali Pudhunagar Police Station,
Manali Pudhunagar, Chennai.
4. The District Collector,
Thiruvallur District.
5. The Commissioner,
Greater Chennai Corporation.
6. The Tahsildar,
Thiruvottriyur Taluk
Thiruvallur District
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W.P.No.17231 of 2021
M.NIRMAL KUMAR, J.
mrp
W.P.No.17231 of 2021
19.08.2021
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