Madras High Court
M/S.Ascend Telecom ... vs The Superintendent Of Police on 28 June, 2021
W.P.No.13305 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P. No.13305 of 2021
and
W.M.P.No.14132 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,
Chengalpet.
2. The Inspector of Police,
Thirukazhukundram Police Station,
Chengalpet. ...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.0010653, property being portion of the land
1200 Sq.ft out of land admeasuring 1200 Sq.ft situated at Punja Survey
No.426, Thirukazhukundram Majra No.194, within the limits of
https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
W.P.No.13305 of 2021
Thirukazhukundram Town Panchayat, Thirukazhukundram Sub Registration
Document No.2005/1998, Dated 21.08.1998, before Sub Registrar,
Thirukazhukundram.
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.0010653, property being portion of the land 1200 Sq.ft out of
land admeasuring 1200 Sq.ft situated at Punja Survey No.426,
Thirukazhukundram Majra No.194, within the limits of Thirukazhukundram
Town Panchayat, Thirukazhukundram Sub Registration Document
No.2005/1998, Dated 21.08.1998, before Sub Registrar,
Thirukazhukundram.
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
https://www.mhc.tn.gov.in/judis/
W.P.No.13305 of 2021
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 26.04.2021 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.
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.
https://www.mhc.tn.gov.in/judis/
W.P.No.13305 of 2021
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 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
https://www.mhc.tn.gov.in/judis/
W.P.No.13305 of 2021
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.
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.
https://www.mhc.tn.gov.in/judis/
W.P.No.13305 of 2021
M.NIRMAL KUMAR, J.
klt
8. This writ petition is disposed of with the above direction. No costs.
Consequently, the connected miscellaneous petition is closed.
28.06.2021
Index: Yes/No
Internet: Yes/No
klt
To
1. The Superintendent of Police,
Chengalpet.
2. The Inspector of Police,
Thirukazhukundram Police Station,
Chengalpet.
3.The Public Prosecutor,
High Court, Madras.
W.P. No.13305 of 2021
and
W.M.P.No.14132 of 2021
https://www.mhc.tn.gov.in/judis/
