Madras High Court
Atc Telecom Infrastructure Pvt ... vs The District Collector on 3 September, 2021
W.P.No.18081 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.18081 of 2021
ATC Telecom Infrastructure Pvt Ltd,
Represented by Authorised Signatory
N.Senathipathi
"Celestial Point", No.45, Damodharan Street,
T.Nagar, Chennai - 600 017. ... Petitioner
Versus
1. The District Collector
Collectorate,
District Collector Office,
Cuddalore - 607001.
2. The Superintendent of Police,
District Police Office,
Cuddalore - 607001.
3. The State,
Rep. by Inspector of Police (Law & Order),
Killai Police Station,
Cuddalore District,
Cuddalore - 608102. ... Respondents
Page No.1 of 8
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W.P.No.18081 of 2021
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a writ of Mandamus, directing the Respondents 2 & 3 to
forthwith provide effective police protection to the petitioner's company
to fully complete the erection of transmission cell phone tower and to
install all the telecommunication electrical and electronic equipments,
cables at the open land ad measuring about 1500 Sq.ft (30X50) out of the
total land measuring about more or less 10 cents situated and or
comprised in Survey No.396/3A, Re Survey No.396/3A1 lying and
situated at Killai (North) Village, Parangipettai SRO, Chidambaram
Registration District, Cuddalore District, on the basis of the complaint
filed by the petitioner dated 28.07.2021 and CSR No.207 dated
05.08.2021, since, the deemed permission to install the BTS transmission
Tower was granted by the 1st respondent as per the G.O.(MS) No.1,
Information Technology (B4) Department dated 21.02.2018, by
implementing the Indian Telegraph Right of way Rules, 2016, notified by
the Government of India, Ministry of Communications, Department of
Page No.2 of 8
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W.P.No.18081 of 2021
Telecommunication vide No.G.S.R. 1070(E) dated 15.11.2016.
For Petitioners : Mr. J.Ravikumar.
For Respondents : Mr.A.Damodaran,
Gov. Advocate (Crl.Side)
ORDER
This Writ petition has been filed for the issuance of a Writ of
mandamus, directing the Respondents 2 & 3 to forthwith provide
effective police protection to the petitioner's company to fully complete
the erection of transmission cell phone tower and to install all the
telecommunication electrical and electronic equipments, cables at the
open land ad measuring about 1500 Sq.ft (30X50) out of the total land
measuring about more or less 10 cents situated and or comprised in
Survey No.396/3A, Re Survey No.396/3A1 lying and situated at Killai
(North) Village, Parangipettai SRO, Chidambaram Registration District,
Cuddalore District, on the basis of the complaint filed by the petitioner
dated 28.07.2021 and CSR No.207 dated 05.08.2021, since, the deemed
permission to install the BTS transmission Tower was granted by the 1st
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W.P.No.18081 of 2021
respondent as per the G.O.(MS) No.1, Information Technology (B4)
Department dated 21.02.2018, by implementing the Indian Telegraph
Right of way Rules, 2016, notified by the Government of India, Ministry
of Communications, Department of Telecommunication vide No.G.S.R.
1070(E) dated 15.11.2016.
2. Heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor for the respondents.
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
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W.P.No.18081 of 2021
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.
5. For the reasons stated above, there shall be a
direction to the third respondent police to provide police protection
to the petitioner for erection of the cell phone tower. The third
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 Criminal Original Petition is
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W.P.No.18081 of 2021
disposed of with a direction to the respondents to give adequate
police protection, if there is no legal impediments.
03.09.2021
Index: Yes/No (2/4)
Internet: Yes/No
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To
1. The District Collector
Collectorate,
District Collector Office,
Cuddalore - 607001.
2. The Superintendent of Police,
District Police Office,
Cuddalore - 607001.
3. The Inspector of Police (Law & Order),
Killai Police Station,
Cuddalore District,
Cuddalore - 608102.
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W.P.No.18081 of 2021
M.NIRMAL KUMAR, J.
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W.P.No.18081 of 2021
mpl
W.P.No.18081 of 2021
03.09.2021
(2/4)
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