Madras High Court
Summi Digitel Infrastructure ... vs The Commissioner Of Police on 5 October, 2021
Crl.O.P.No.21180 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P. No.21180 of 2021
and
W.M.P.No.22465 of 2021
Summi Digitel Infrastructure Private Limited,
Represented by Mr. K. Kumaresan,
Reliance Jio Infocorn Ltd,
A-1 Towers, No.89-91,
Dr. Radhakrishnan Salai,
Mylapore, Chennai - 600 004. ... Petitioner
Versus
1. The Commissioner of Police,
Salem City,
Salem.
2.The Inspector of Police,
Sooramangalam Police Station,
Salem District. ...Respondents
PRAYER: 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
errect, commissioning of equipments and to radiate the transmission tower
at the lease site namely Site ID No.I-TN-SALEM-ENB-0375 situated at
land admeasuring 875 (25x35) (Eight Hundred Seventy Five Only) sq.ft.
Southern side out of 0.20 cent as equal to 8732 sq.ft. land area at comprised
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Page No.1 of 7
Crl.O.P.No.21180 of 2021
in Salem District, Salem Taluk, Meyyanur Village, Survey No.7/4 situated
within the Registration District of Salem, Sub Registration District of
Suramangalam.
For Petitioner : Mr.A.M.Venkata Krishnan
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
*****
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 to provide adequate police protection to the
petitioner Company and its staff and subordinates to errect, commissioning
of equipments and to radiate the transmission tower at the lease site namely
Site ID No.I-TN-SALEM-ENB-0375 situated at land admeasuring 875
(25x35) (Eight Hundred Seventy Five Only) sq.ft. Southern side out of 0.20
cent as equal to 8732 sq.ft. land area at comprised in Salem District, Salem
Taluk, Meyyanur Village, Survey No.7/4 situated within the Registration
District of Salem, Sub Registration District of Suramangalam.
2. The case of the petitioner is that the petitioner is engaged in the
business of Operation and Maintenance of Mobile phone towers across
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Crl.O.P.No.21180 of 2021
India for all the mobile phone operators/service providers providing telecom
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 to the 2nd respondent
on 15.07.2021, 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.
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Crl.O.P.No.21180 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
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Crl.O.P.No.21180 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
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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Crl.O.P.No.21180 of 2021
8. This writ petition is disposed of with the above direction. No costs.
Consequently, connected Miscellaneous Petition is closed.
05.10.2021
Index: Yes/No
Internet: Yes/No
sp/rpp
To
1. The Commissioner of Police,
Salem City,
Salem.
2.The Inspector of Police,
Sooramangalam Police Station,
Salem District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.21180 of 2021
M.NIRMAL KUMAR, J.
sp/rpp
W.P.No.21180 of 2021
and
W.M.P.No.22465 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
