Madras High Court
M/S.Summit Digitel ... vs The Superintendent Of Police on 31 August, 2021
W.P.No.17811 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.17811 of 2021
and W.M.P.No. 19011 of 2021
M/s.Summit Digitel Infrastructure Private Limited,
Formerly known as Reliance Jio Infratel Private Ltd.,
Represented by K.Kumaresan ... Petitioner
Versus
1. The Superintendent of Police,
Salem,
Salem District.
2. The Inspector of Police,
Kannankurichi Police Station,
Salem District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India 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. I-TN-SLEM-ENB-
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W.P.No.17811 of 2021
0425 situated at land admeasuring about 400 square feet, in the terrace
and open space about 100 square feet totally 500 sq.ft. out of 2175 sq.ft.
comprised in Salem District, Salem Taluk, Kannankurichi Village, Survey
No.15/1, Plot No.10 situated within the Registration District of Salem
West and Sub Registrar Office of Salem West.
For Petitioner : Mr. A.M.Venkatakrishnan
For Respondents : Mr.A.Damodaran,
Government Advocate (Crl.Side)
ORDER
(This case has been heard through video conference)
This Writ Petition has been filed for the issuance of 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. I-TN-SLEM-ENB-0425 situated at
land admeasuring about 400 square feet, in the terrace and open space
about 100 square feet totally 500 sq.ft. out of 2175 sq.ft. comprised in
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W.P.No.17811 of 2021
Salem District, Salem Taluk, Kannankurichi Village, Survey No.15/1, Plot
No.10 situated within the Registration District of Salem West and Sub
Registrar Office of Salem West.
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 2 nd respondent
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W.P.No.17811 of 2021
on 20.07.2021, seeking police protection. However, the 2 nd 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.
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,
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W.P.No.17811 of 2021
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 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
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W.P.No.17811 of 2021
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 2 nd
respondent police to provide police protection to the petitioner for erection
of the cell phone tower. The 2nd respondent police shall ensure that the
entire process goes on in a smooth manner, without giving raise to any
law and order problem.
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W.P.No.17811 of 2021
8. Accordingly, this writ petition is disposed of with the above
direction. No costs. Consequently, connected Writ Miscellaneous Petition
is closed.
31.08.2021 Index: Yes/No
Internet: Yes/No
rpp/dsn
To
1. The Superintendent of Police,
Salem,
Salem District.
2. The Inspector of Police,
Kannankurichi Police Station,
Salem District.
http://www.judis.nic.in
W.P.No.17811 of 2021
M.NIRMAL KUMAR, J.
rpp/dsn
W.P.No.17811 of 2021
&
W.M.P.No. 19011 of
31.08.2021
http://www.judis.nic.in
