Suganthan vs The Commissioner Of Plice
2021 Latest Caselaw 5291 Mad

Citation : 2021 Latest Caselaw 5291 Mad
Judgement Date : 1 March, 2021

Madras High Court

Suganthan vs The Commissioner Of Plice on 1 March, 2021

WP No.4585 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

WP No. 4585 of 2021

Suganthan
Rep. By his Power Agent,
S.Suganthi, W/o. Suganthan
No.63 /B-30, Rani Anna Nagar,
China Tirupathi, Salem ... Petitioner
vs.

1. The Commissioner of Plice,
Salem City, Salem.

2. The Inspector of Police,
Kannakuruchi Police Station,
Salem District. ... Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the second respondent to
give Police Protection while erecting Reliance Jio Infocomm Limited Cell
phone Tower in Plot No.B-31 situated in Survey No.153/1, Kumarasamy
Patti Village, Salem Taluk, Salem District, TSTC Rani Annanagar, Salem in
the place owned by the petitioner's husband pursuant to the representation
dated 01.02.2021.

For Petitioner : Mr.T.Muruganantham
1/6

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WP No.4585 of 2021

For Respondents : Mr.C.Raghavan
Government Advocate

ORDER

This petition has been filed for the issue of a writ of mandamus,

directing the second respondent 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 the premises

in Plot No.B-31 situated in Survey No.153/1, Kumarasamy Patti Village,

Salem Taluk, Salem District, TSTC Rani Annanagar, Salem and direct the

respondents to co-operate as per the letter dated 01.02.2021 the petitioner

undertakes to pay necessary charges.

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 taken steps to

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install the cell phone tower in his owned property. 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 second

respondent on 01.02.2021, seeking police protection. However, the second

respondent had not acted upon the said complaint and therefore, the present

Petition has been filed.

4.The learned counsel appearing 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.

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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 case, the petitioner is directed to send a fresh representation to the

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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 second

respondent police to provide police protection to the petitioner for erection

of the cell phone tower. The second respondent police shall ensure that the

entire process goes on in a smooth manner, without giving raise to any law

and order problem.

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