Madras High Court
Indus Towers Limited vs The Commissioner Of Police on 27 October, 2021
W.P.No.23010 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.23010 of 2021
Indus Towers Limited,
Rep. by its Authorized Signatory Mr.S.Prasanna,
No.5, ESPEE IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal,
Chennai – 600 097. ... Petitioner
Versus
1.The Commissioner of Police,
Greater Chennai.
2.The Deputy Commissioner of Police,
Washermanpet Division,
Chennai.
3.The Assistant Commissioner of Police,
Washermanpet Range,
Chennai.
4.The Inspector of Police,
H-6, R.K.Nagar Police Station,
Chennai.
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W.P.No.23010 of 2021
5.The District Collector,
Chennai District.
6.The Commissioner,
Greater Chennai Corporation.
7.The Tahsildar,
Tondiarpet Taluk, Chennai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
to issue a Writ of Mandamus, directing the respondent Nos.1 to 4 to
provide necessary police protection to the petitioner for their mobile
phone tower works at the premises being about 500 sq. ft of building at
No.98/103/1, in R.S.No.3852/1, Nethaji Nagar 5th Street, Tondiarpet,
Chennai-600 081, on the representation dated 20.09.2021, under online
reference No.BEM21138920 dated 20.09.2021 and direct the respondent
Nos.5 to 7 to render necessary co-operation to the respondent Nos.1 to 4
in the matter.
For Petitioner : Mr.S.Anil Sandeep
For Respondents : Mr.A.Damodaran
Government Advocate(Crl.Side)
*****
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W.P.No.23010 of 2021
ORDER
This Writ Petition is filed to direct the respondent Nos.1 to 4 to
provide necessary police protection to the petitioner for their mobile
phone tower works at the premises being about 500 sq. ft of building at
No.98/103/1, in R.S.No.3852/1, Nethaji Nagar 5th Street, Tondiarpet,
Chennai-600 081, on the representation dated 20.09.2021, under online
reference No.BEM21138920 dated 20.09.2021 and direct the respondent
Nos.5 to 7 to render necessary co-operation to the respondent Nos.1 to 4
in the matter.
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
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W.P.No.23010 of 2021
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 through online portal
to the respondent Nos.1 to 4 on 20.09.2021, seeking police protection.
However, the respondent Nos.1 to 4 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
about the order passed by this Court in Crl.O.P.No.16618 of 2018
dt.28.06.2018.
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W.P.No.23010 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.
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W.P.No.23010 of 2021
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 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
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W.P.No.23010 of 2021
apprehensions.
7.For the reasons stated above, there shall be a direction to the
respondent Nos.1 to 4 to provide police protection to the petitioner for
erection of the cell phone tower. The fourth respondent police shall
ensure that the entire process goes on in a smooth manner, without giving
raise to any law and order problem.
8.This Writ petition is disposed of with the above direction.
However, there shall be no order as to costs.
27.10.2021
Index: Yes/No
Internet: Yes/No
ah
To
1.The Commissioner of Police,
Greater Chennai.
2.The Deputy Commissioner of Police,
Washermanpet Division,
Chennai.
3.The Assistant Commissioner of Police,
Washermanpet Range,
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W.P.No.23010 of 2021
Chennai.
4.The Inspector of Police,
H-6, R.K.Nagar Police Station,
Chennai.
5.The District Collector,
Chennai District.
6.The Commissioner,
Greater Chennai Corporation.
7.The Tahsildar,
Tondiarpet Taluk,
Chennai District.
8.The Public Prosecutor,
High Court,
Madras.
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W.P.No.23010 of 2021
M.NIRMAL KUMAR, J.
ah
W.P.No.23010 of 2021
27.10.2021
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