Madras High Court
M/S.Indus Towers Limited vs The Commissioner Of Police on 4 February, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.2279 of 2021
M/s.Indus Towers Limited,
rep.by its Assistant Legal Manager,
S.Prasanna,
Having its circle office at 5(NP),
ESPEE,I IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal,
Chennai 600 097. ...Petitioner
-Vs-
1.The Commissioner of Police,
Commissioner Police Office, Chennai.
2.The Assistant Commissioner of Police,
Poonamallee, Chennai.
3.The Inspector of Police,
TS Thiruverkadu Police Station, Chennai.
4.The District Collector,
District Collector Office,
Thiruvallur.
5.The Municipal Commissioner,
Municipal Corporation,
Thiruvallur.
https://www.mhc.tn.gov.in/judis/ ... Respondents
2
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 the 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 Plot No.11, S.No.36/5, 3rd Street, Shri
Shamugha Nagar Annex, Madharavedu Village, Kundrathur,
Thiruverkadu, Thiruvallur District, and direct the respondents 4th
and 5th to co-operate with respondents 1 to 3 as per the letter
dated 20.04.2020 vide Lr.No.DDG (Technology)/TN-
LSA/DB/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.K.Govindarajan
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
for R 1 to R 3
ORDER
This petition has been filed for the issue of a writ of
mandamus, directing the respondents 1 to 3 to provide the
effective police protection to the petitioner company to erect
https://www.mhc.tn.gov.in/judis/
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
Plot No.11, S.No.36/5, 3rd Street, Shri Shamugha Nagar Annex,
Madharavedu Village, Kundrathur, Thiruverkadu, Thiruvallur
District, and direct the respondents 4th and 5th to co-operate
with respondents 1 to 3 as per the letter dated 20.04.2020, the
petitioner undertakes to pay necessary charges.
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.
https://www.mhc.tn.gov.in/judis/
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 24.10.2020, 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.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
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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.
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
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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.
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.
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8. This writ petition is disposed of with the above direction.
No costs.
04.02.2021
Index : Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
KP
To
1.The Commissioner of Police,
Commissioner Police Office, Chennai.
2.The Assistant Commissioner of Police,
Poonamallee, Chennai.
3.The Inspector of Police,
TS Thiruverkadu Police Station, Chennai.
4.The District Collector,
District Collector Office,
Thiruvallur.
5.The Municipal Commissioner,
Municipal Corporation,
Thiruvallur.
6.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
N.ANAND VENKATESH, J
KP
W.P.No.2279 of 2021
04.02.2021
https://www.mhc.tn.gov.in/judis/
