Indus Towers Limited vs The Superintendent Of Police
2021 Latest Caselaw 11590 Mad

Citation : 2021 Latest Caselaw 11590 Mad
Judgement Date : 14 June, 2021

Madras High Court

Indus Towers Limited vs The Superintendent Of Police on 14 June, 2021

                                                                          Crl.O.P.No.12588 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 14.06.2021

                                                       CORAM:

                                     THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                W.P. No.12588 of 2021

                    Indus Towers Limited,
                    Rep.by its Authorized Signatory,
                    Mr.S.Prasanna,
                    No.5, ESPEE IT Park,
                    5th Floor, Jawaharlal Nehru Road,
                    Ekkatuthangal, Chennai - 600 097.                   ... Petitioner

                                                      Versus

                    1.The Superintendent of Police,
                      Namakkal District.

                    2.The Deputy Superintendent of Police,
                      Tiruchengode Range, Namakkal District.

                    3.The Inspector of Police,
                     Komarapalayam Police Station, Namakkal District.

                    4.The District Collector,
                      Namakkal District.

                    5.The Municipal Commissioner,
                      Komarapalayam Municipality, Namakkal District.

                    6.The Tahsildar,
                      Komarapalayam Taluk,
                      Namakkal District.                                ...Respondents


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


                    Page No.1 of 8
                                                                                  Crl.O.P.No.12588 of 2021


                              Writ Petition filed under Article 226 Constitution of India, 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 800 sq.ft of land at S.F.No.569 part (as per Patta
                    No.2), in Ward-B, Block No.3, Kalaimagal Street, Komarapalayam,
                    Namakkal District - 638 183, on the representation dated 20.04.2021 under
                    CSR. No.80 of 2021, 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.Damodharan
                                                       Government Advocate (Crl.side)


                                                        ORDER

This petition has been filed for the issuance 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 S.F.No.569

part (as per Patta No.2), in Ward-B, Block No.3, Kalaimagal Street,

Komarapalayam, Namakkal District - 638 183, and direct the respondents 4

to 6 to co-operate with respondents 1 to 3 as per the letter dated 20.04.2021,

the petitioner undertakes to pay necessary charges. https://www.mhc.tn.gov.in/judis/

Crl.O.P.No.12588 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 to the 3rd respondent

on 24.04.2021, seeking police protection. However, the 3rd respondent had

not acted upon the said complaint and therefore, the present Petition has

been filed.

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

Crl.O.P.No.12588 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 https://www.mhc.tn.gov.in/judis/

Crl.O.P.No.12588 of 2021

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 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/

Crl.O.P.No.12588 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