Indus Towers Limited vs The Superintendent Of Police
2021 Latest Caselaw 3819 Mad

Citation : 2021 Latest Caselaw 3819 Mad
Judgement Date : 16 February, 2021

Madras High Court

Indus Towers Limited vs The Superintendent Of Police on 16 February, 2021

1 W.P.No.3252 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2021

CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

W.P.No.3252 of 2021

Indus Towers Limited
Rep by its Authorized Signatory
Mr.S.Prasanna .. Petitioner

Vs.

1. The Superintendent of Police,
Salem District.

2. The Deputy Superintendent of Police,
Mettur Division, Salem District.

3. The Inspector of Police,
Mettur Police Station, Salem District.

4. The District Collector,
Salem District.

5. The Tahsildar,
Mettur Taluk, Salem District.

6. The Commissioner,
Mettur Municipality, Salem District. . Respondents

https://www.mhc.tn.gov.in/judis/
2 W.P.No.3252 of 2021

Writ Petition filed under Article 226 of the Constitution of India

praying to issue Writ of Mandamus to direct the respondents 1 to 3 to

provide necessary police protection to the petitioner for their mobile

phone tower works at the premises being about 1000 sq.ft of land at

T.S.No.9/145, Ward No.1, Block No.13, Kuilaveeranpatty, Mettur Dam

-1, Mettur Taluk, within Mettur Municipal limits, Salem District on the

representation dated 11.11.2020 and the 3rd respondent's CSR

No.139/2020 dated 26.11.2020 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.M.Mohamed Riyaz
Additional Public Prosecutor

ORDER

This petition has been filed for the issue of a writ of

mandamus, directing the respondents 1 to 3 to provide the 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 1000 sq.ft of land at T.S.No.9/145, Ward No.1, https://www.mhc.tn.gov.in/judis/

Block No.13, Kuilaveeranpatty, Mettur Dam -1, Mettur Taluk, within

Mettur Municipal limits, Salem District and direct the respondents 4th

to 6 to co-operate with respondents 1 to 3 as per the letter dated

26.11.2020, 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

tower, some people with vested interest claiming to be neighbours

have been causing hindrance and preventing the workers from https://www.mhc.tn.gov.in/judis/

carrying out the construction work. In this regard, the petitioner gave

a complaint to the 3rd respondent on 11.11.2020, 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.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 https://www.mhc.tn.gov.in/judis/ 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.

5.With the above directions, this Criminal Original Petition is disposed of.”

6.This Court has consistently taken the view that no one can https://www.mhc.tn.gov.in/judis/

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.