Madras High Court

Atc Telecom Infrastructure ... vs The District Collector on 22 June, 2021

                                                                                  Crl.O.P.No.12819 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.12819 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,
                      Krishnagiri – 635001.

                    2.The Superintendent of Police,
                      District Police Office,
                      Krishnagiri – 635001.

                    3.The State,
                      Rep.by Inspector of Police (Law & Order),
                      Krishnagiri Taluk Police Station,
                      Krishnagiri,
                      Krishnagiri District -635002.                             ...Respondents

                              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
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                    Page No.1 of 8
                                                                                  Crl.O.P.No.12819 of 2021


                    land admeasuring about 900 sq.ft (30 x 30) out of the total land measuring
                    about more or less 1980 ½ Sq.ft. Situated and or comprised in Survey
                    No.208/1, Re-Survey No.208/1B8, Patta No.551, Kattikanappalli village,
                    Krishnagiri Joint II SRO, Krishnagiri Registration Dist., Krishnagiri T.K.,
                    Krishnagiri District on the basis of the complaint filed by the petitioner
                    dated 05.04.2021, 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

transmission cell phone tower and to install all the telecommunication

electrical and electronic equipments, cables at the open land admeasuring

about 900 sq.ft (30 x 30) out of the total land measuring about more or less

1980 ½ Sq.ft. Situated and or comprised in Survey No.208/1, Re-Survey

No.208/1B8, Patta No.551, Kattikanappalli village, Krishnagiri Joint II https://www.mhc.tn.gov.in/judis/

Crl.O.P.No.12819 of 2021

SRO, Krishnagiri Registration Dist., Krishnagiri T.K., Krishnagiri District

on the basis of the complaint filed by the petitioner dated 05.04.2021, 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

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.

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Crl.O.P.No.12819 of 2021

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 05.04.2021, 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:-

“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 https://www.mhc.tn.gov.in/judis/

Crl.O.P.No.12819 of 2021

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 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.

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Crl.O.P.No.12819 of 2021

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.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