M/S.Indus Towers Limited vs The Superintendent Of Police
2021 Latest Caselaw 2532 Mad

Citation : 2021 Latest Caselaw 2532 Mad
Judgement Date : 4 February, 2021

Madras High Court

M/S.Indus Towers Limited vs The Superintendent 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.2247 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 Superintendent of Police,
                       District Police Office, Erode.

                     2.The Deputy Superintendent of Police,
                       Gobichettipalayam Sub Division, Erode District.

                     3.The Inspector of Police,
                       Gobichettipalayam Police Station, Gobi.

                     4.The District Collector,
                       District Collector Office,
                       Erode.

                     5.The Municipal Commissioner,
                       Municipal Corporation,
                       Erode.
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 S.F.No.229/9, Sivasakthi Nagar, L-Kallipatti,
                     Gobichettipalayam, Erode 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

transmission cell phone tower and to install all the https://www.mhc.tn.gov.in/judis/

telecommunication electrical & electronic Equipments, OFC Cable

and its maintenance work on the said BTS transmission Tower at

S.F.No.229/9, Sivasakthi Nagar, L-Kallipatti, Gobichettipalayam,

Erode 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.

3.When the petitioner attempted to erect the cell phone https://www.mhc.tn.gov.in/judis/

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 19.12.2020, 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 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 https://www.mhc.tn.gov.in/judis/

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 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.

https://www.mhc.tn.gov.in/judis/

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