Madras High Court
Indus Towers Limited vs The Commissioner Of Police on 15 June, 2021
W.P.No.12616 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.12616 of 2021
Indus Towers Limited
Rep. by its Authorised Signatory
Mr.S.Prasanna
No.5, ESPEE IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkattuthangal, Chennai 600 007. ... Petitioner
Versus
1.The Commissioner of Police,
Coimbatore City, Coimbatore District.
2.The Assistant Commissioner of Police
Coimbatore East Range, Coimbatore District.
3.The Inspector of Police,
Saravanampatti Police Station,
Coimbatore District.
4.The District Collector,
Coimbatore District.
1/6
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W.P.No.12616 of 2021
5.The Tahsildar,
Coimbatore South Taluk,
Coimbatore District.
6.The Commissioner,
Corporation of Coimbatore,
Coimbatore District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 to 3
to provide necessary police protection to the petitioner for their
mobile phone tower works at the premises being about 289 Sq. feet
of land at No.7H, 7th Street, Vijayagapuram, in S.F.No.182/2,
Saravanampatti, Coimbatore District – 641035, on the
representation dated 15.04.2021 to the 3rd respondent also sent via
registered post on 20.04.2021, and direct the respondents 4 to 6 to
render necessary co-operation to the respondents 1 to 3 in the matter.
For Petitioner : Mr.Anil Sandeep
For Respondents : Mr.A.Damodaran
Government Advocate
(Criminal Side)
2/6
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W.P.No.12616 of 2021
ORDER
The petitioner which is the company involved in
erection of cellphone tower has come forward with this petition
seeking police protection.
2. Heard the learned counsel for the petitioner and the
learned Government Advocate (Criminal Side) for the respondents.
3. The learned counsel for the petitioner relied on the
decision of a Division Bench of this Court in W.P.Nos.24976 of
2008 etc. batch cases and the decision of a learned Single Judge of
this Court in Crl.O.P.(MD).Nos.12596 to 12599 of 2014 and 12601
of 2014 would submit that without any basis their activities cannot
be stopped.
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W.P.No.12616 of 2021
4. The law regarding establishment of cellphone tower
has already been dealt with in the judgments referred supra. In the
absence of any illegality or unlawful activities, no one can interfere
with the lawful activities of a person concerned. If there is any
objection for construction and erection of cellphone tower, the
objector will has to workout his remedy in the manner known to law
instead of preventing the person concerned from putting up
construction, which is legally entitled to do so.
5. 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 rise to any law and order problem
and the petitioner shall pay a cost of Rs.10,000/- (Rupees Ten
thousand only) to the respondent police towards police protection.
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W.P.No.12616 of 2021
6. Accordingly, this Writ Petition is disposed of with a
direction to the respondents to give adequate police protection, if
there is no legal impediments. No Costs.
15.06.2021
Index: Yes/No
Internet: Yes/No
dna
To
1.The Commissioner of Police,
Coimbatore City, Coimbatore District.
2.The Assistant Commissioner of Police
Coimbatore East Range, Coimbatore District.
3.The Inspector of Police,
Saravanampatti Police Station,
Coimbatore District.
4.The District Collector,
Coimbatore District.
http://www.judis.nic.in
W.P.No.12616 of 2021
M.NIRMAL KUMAR, J.
dna
5.The Tahsildar,
Coimbatore South Taluk,
Coimbatore District.
6.The Commissioner,
Corporation of Coimbatore,
Coimbatore District.
7.The Public Prosecutor
High Court, Madras.
W.P.No.12616 of 2021
15.06.2021
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