M/S.Summit Digitel ... vs The Superintendent Of Police
2021 Latest Caselaw 20210 Mad

Citation : 2021 Latest Caselaw 20210 Mad
Judgement Date : 1 October, 2021

Madras High Court

M/S.Summit Digitel ... vs The Superintendent Of Police on 1 October, 2021

W.P.No.20767 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

W.P.No.20767 of 2021
and W.M.P.No. 22029 of 2021

M/s.Summit Digitel Infrastructure Private Limited,
Represented by K. Kumaresan
K.Reliance Jio Intercomm Ltd. ... Petitioner

Versus
1. The Superintendent of Police,
Salem City,
Salem.

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

PRAYER: Writ Petition is filed under Article 226 of the Constitution of

India to issue a writ of Mandamus, directing 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. I-TN-SLEM-

ENB-0423 situated at the rooftop space admeasuring about 350 (Three

Page No.1 of 8

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W.P.No.20767 of 2021

hundred and fifty only) square feet for installing and commissioning

rooftop pole/mast on the roof/terrace of the building and 100 (Hundred

only) square feet area on the ground laying earth pit and manholes totally

450 Sq.ft. out of 1375 Sq.ft. comprised in Salem District, Suramangalam

Taluk, Meyyanur Village, Survey No.51/1 and 51/2, situated within the

Registration District of Salem, Sub Registrar office of Meyyanur.

For Petitioners : Mr. A.M. Venkatakrishnan

For Respondents : Mr.R.Vinothraja,
Govt. Advocate (Crl.Side)

ORDER

(This case has been heard through video conference)

This petition has been filed for the issuance of a Writ of

mandamus, directing the respondents 1 and 2 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 lease site namely Site ID No. I-TN-SLEM-

https://www.mhc.tn.gov.in/judis/ W.P.No.20767 of 2021

ENB-0423 situated at the rooftop space admeasuring about 350 (Three

hundred and fifty only) square feet for installing and commissioning

rooftop pole/mast on the roof/terrace of the building and 100 (Hundred

only) square feet area on the ground laying earth pit and manholes totally

450 Sq.ft. out of 1375 Sq.ft. comprised in Salem District, Suramangalam

Taluk, Meyyanur Village, Survey No.51/1 and 51/2, situated within the

Registration District of Salem, Sub Registrar office of Meyyanur.

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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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

2nd respondent on 16.04.2021, seeking police protection. However, the

2nd 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.

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

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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

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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 2 nd

respondent police to provide police protection to the petitioner for

erection of the cell phone tower. The 2nd respondent police shall ensure

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that the entire process goes on in a smooth manner, without giving raise