Madras High Court
Atc Telecom Infrastructure ... vs The District Collector on 22 June, 2021
Crl.O.P.No.12821 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P. No.12821 of 2021
ATC Telecom Infrastructure Pvt.Ltd.,
Represented by Authorized Signatory
N.Senathipathi,
“Celestial Point”, No.45, Damodharan Street,
T.Nagar, Chennai – 600 017. ... Petitioner
Versus
1.The District Collector,
Collectorate,
District Collector Office,
Namakkal - 637003.
2.The Superintendent of Police,
District Police Office,
Namakkal - 637003.
3.The State,
Rep.by Inspector of Police (Law & Order),
Paramathi Police Station,
Paramathi,
Namakkal District - 637207. ...Respondents
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Page No.1 of 9
Crl.O.P.No.12821 of 2021
Writ Petition filed under Article 226 Constitution of India, to issue
Writ of Mandamus, to direct the respondents 2 to 3, to forthwith provide
effective police protection to the petitioner's company to fully complete the
erection of transmission cell phone tower and to install all the
telecommunication electrical and electronic equipments, cables at the open
land admeasuring about 1200 sq.ft (30 x 40) out of the total land measuring
about more or less 1755 Sq.ft. or 163.04 Sq. Meter, Situated and or
comprised in Survey No.26/2, Re-Survey No.276/20, lying and situated at
Pothanur Village, Velur SRO, Namakkal Registration District, Namakkal
District, on the basis of the complaint filed by the petitioner dated
10.05.2021, since the deemed permission to install the BTS transmission
Tower was granted by the first respondent as per the G.O.(Ms).No.1,
Information Technology (B4) Department dated 21.02.2018, by
implementing the Indian Telegraph Right of way Rules, 2016, notified by
the Government of India, Ministry of Communications, Department of
Telecommunication vide No.G.S.R.1070(E), dated 15.11.2016.
For Petitioner : Mr.J.Ravikumar
For Respondents : Mr.A.Damodharan
Government Advocate (Crl.side)
ORDER
This petition has been filed for the issuance of a Writ of mandamus,
to direct the respondents 2 to 3, to forthwith provide effective police
protection to the petitioner's company to fully complete the erection of
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Crl.O.P.No.12821 of 2021
transmission cell phone tower and to install all the telecommunication
electrical and electronic equipments, cables at the open land admeasuring
about 1200 sq.ft (30 x 40) out of the total land measuring about more or less
1755 Sq.ft. or 163.04 Sq. Meter, Situated and or comprised in Survey
No.26/2, Re-Survey No.276/20, lying and situated at Pothanur Village,
Velur SRO, Namakkal Registration District, Namakkal District, on the basis
of the complaint filed by the petitioner dated 10.05.2021, since the deemed
permission to install the BTS transmission Tower was granted by the first
respondent as per the G.O.(Ms).No.1, Information Technology (B4)
Department dated 21.02.2018, by implementing the Indian Telegraph Right
of way Rules, 2016, notified by the Government of India, Ministry of
Communications, Department of Telecommunication vide
No.G.S.R.1070(E), dated 15.11.2016.
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
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Crl.O.P.No.12821 of 2021
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 10.05.2021, 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 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:-
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Crl.O.P.No.12821 of 2021
“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 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
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Crl.O.P.No.12821 of 2021
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.
7.It is submitted by the learned counsel for the petitioner that the
petitioner has wrongly given the representation before the third
respondent/police, Paramathi Police Station, Namakkal and the jurisdiction
comes under Velur Police Station, Namakkal. Hence, this Court directs the
petitioner to give fresh complaint to the Velur Police Station and thereafter,
the Velur Police Station is directed to take the complaint of the petitioner.
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Crl.O.P.No.12821 of 2021
8.For the reasons stated above, there shall be a direction to the
Inspector of Police, Velur Police Station, Namakkal, to provide police
protection to the petitioner for erection of the cell phone tower. The
Inspector of Police, Velur Police Station, Namakkal, shall ensure that the
entire process goes on in a smooth manner, without giving raise to any law
and order problem.
9.This writ petition is disposed of with the above direction. No costs.
10.Registry is directed to mark the copy of this order to the Inspector
of Police, Velur Police Station, Namakkal.
22.06.2021
Index: Yes/No
Internet: Yes/No
klt
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.12821 of 2021
To
1.The District Collector,
Collectorate,
District Collector Office,
Namakkal - 637003.
2.The Superintendent of Police,
District Police Office,
Namakkal - 637003.
3.The Inspector of Police (Law & Order),
Paramathi Police Station,
Paramathi,
Namakkal District - 637207.
4.The Public Prosecutor,
High Court, Madras.
Copy to:
The Inspector of Police,
Velur Police Station,
Velur,
Namakkal.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.12821 of 2021
M.NIRMAL KUMAR, J.
klt
W.P.No.12821 of 2021
22.06.2021
https://www.mhc.tn.gov.in/judis/
