Madras High Court
M/S. Ascent Telecom ... vs The Commissioner Of Police on 4 October, 2021
W.P.No.20871 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.20871 of 2021
&
WMP No.22137 of 2021
M/s. Ascent 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
Vs
1. The Commissioner of Police,
Tiruppur District.
2. The Inspector of Police,
Vellakovil Police Station,
Tiruppur. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to provide adequate
police protection of 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. 0011887, property being
portion of the land 2200 Sq.Ft out of 2452 3/4 Sq.Ft situated at Re-
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W.P.No.20871 of 2021
Survey No. 814/A1A (New Survey No.814/A1A3 Currently by sub
division) (old Survey No. 814/A), Vellakovil Village, Kangeyam Taluk,
Tiruppur District, Vellakovil Sub Registration District, Tiruppur
Registration District.
For Petitioner : Mr.A.M.Venkatakrishnanan
For Respondents : Mr.A.Damodharan,
Addl. Public Prosecutor.
ORDER
This Writ Petition has been filed to issue a Writ of
Mandamus directing the respondents to provide adequate police
protection of 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. 0011887, property being portion of
the land 2200 Sq.Ft out of 2452 3/4 Sq.Ft situated at Re-Survey No.
814/A1A (New Survey No.814/A1A3 Currently by sub division) (old
Survey No. 814/A), Vellakovil Village, Kangeyam Taluk, Tiruppur
District, Vellakovil Sub Registration District, Tiruppur Registration
District.
2. Heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor for the respondents.
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W.P.No.20871 of 2021
3. The learned counsel for the petitioner relied on the
decision of a Division Bench of this Court in W.P.Nos.24976 of
2008 etc. batch cases and the decision of a learned Single Judge of
this Court in Crl.O.P.(MD).Nos.12596 to 12599 of 2014 and 12601
of 2014 would submit that without any basis their activities cannot
be stopped.
4. The law regarding establishment of cellphone tower
has already been dealt with in the judgments referred supra. In the
absence of any illegality or unlawful activities, no one can interfere
with the lawful activities of a person concerned. If there is any
objection for construction and erection of cellphone tower, the
objector will has to workout his remedy in the manner known to
law instead of preventing the person concerned from putting up
construction, which is legally entitled to do so.
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W.P.No.20871 of 2021
5. 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 rise to any law and order
problem and the petitioner shall pay a cost of Rs.10,000/- (Rupees
Ten thousand only) to the respondent police towards police
protection.
6. Accordingly, this Writ Petition is disposed of with a
direction to the respondents to give adequate police protection, if
there is no legal impediments. No Costs.
04.10.2021
Index: Yes/ No
Internet: Yes/No
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http://www.judis.nic.in
W.P.No.20871 of 2021
To
1. The Commissioner of Police,
Tiruppur District.
2. The Inspector of Police,
Vellakovil Police Station,
Tiruppur.
http://www.judis.nic.in
W.P.No.20871 of 2021
M.NIRMAL KUMAR, J.
mpl
W.P.No.20871 of 2021
&
WMP No.22137 of 2021
04.10.2021
http://www.judis.nic.in
