Madras High Court
M/S.Ascend Telecom ... vs The Superintendent Of Police on 27 July, 2021
W.P.No.15324 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P. No.15324 of 2021
and
W.M.P.No.16203 of 2021
M/s.Ascend Telecom Infrastructure Private Limited,
Represented by its Authorized Signatory,
Mr.Tamilselvan,
Old No.32, New No.54,
Butt Road, St. Thomas Mount,
Near Kathipara Junction,
Chennai – 600 016. ... Petitioner
Versus
1. The Superintendent of Police,
Cuddalore.
2. The Inspector of Police,
New Town Police Station,
Cuddalore. ...Respondents
Writ Petition filed under Article 226 Constitution of India, to issue
Writ of Mandamus, to direct 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.0010480, property being portion of the land
1300 Sq.ft out of 2835 Sq.ft in vacant land comprised in Town Survey
No.2417, in the approved layout as per DTCP Chengalpattu in L.P.R/(S.C)
https://www.mhc.tn.gov.in/judis/
Page No.1 of 7
W.P.No.15324 of 2021
No.150/80, Ward No.7, Block No.39, Town Survey No.2919 Acre 2, 81
Sq.ft., in “Varadarajan Avenue”, Vilvarayanatham, within the Municipal
limits of Cuddalore Town, Cuddalore Taluk, Cuddalore Joint-I Sub
Registration Document No.1490/1991, Dated 14.08.1991, before
Cuddalore S.R.O.
For Petitioner : Mr.A.M.Venkatakrishnan
For Respondents : Mr.A.Damodaran,
Government Advocate (Crl.side)
ORDER
This petition has been filed for the issuance of a Writ of mandamus,
to direct 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.0010480, property being portion of the land 1300 Sq.ft
out of 2835 Sq.ft in vacant land comprised in Town Survey No.2417, in the
approved layout as per DTCP Chengalpattu in L.P.R/(S.C) No.150/80,
Ward No.7, Block No.39, Town Survey No.2919 Acre 2, 81 Sq.ft., in
“Varadarajan Avenue”, Vilvarayanatham, within the Municipal limits of
Cuddalore Town, Cuddalore Taluk, Cuddalore Joint-I Sub Registration
Document No.1490/1991, Dated 14.08.1991, before Cuddalore S.R.O.
https://www.mhc.tn.gov.in/judis/
W.P.No.15324 of 2021
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 dated 17.06.2021 to
the second respondent, and forwarded the same to the first respondent,
seeking police protection. However, the first respondent had not acted
upon the said complaint and therefore, the present Petition has been filed.
https://www.mhc.tn.gov.in/judis/
W.P.No.15324 of 2021
4.The learned counsel 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, 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
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W.P.No.15324 of 2021
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 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.
https://www.mhc.tn.gov.in/judis/
W.P.No.15324 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. Consequently, the connected miscellaneous petition is closed.
27.07.2021
Index: Yes/No
Internet: Yes/No
klt
To
1. The Superintendent of Police,
Cuddalore.
2. The Inspector of Police,
New Town Police Station,
Cuddalore.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
W.P.No.15324 of 2021
M.NIRMAL KUMAR, J.
klt
W.P. No.15324 of 2021
and
W.M.P.No.16203 of 2021
27.07.2021
https://www.mhc.tn.gov.in/judis/
