Madras High Court
Atc Telecom Infrastructure Pvt ... vs The District Collector on 3 September, 2021
W.P.No.18078 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.18078 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,
Salem - 636001.
2.The Superintendent of Police,
District Police Office,
Salem - 636002.
3.The State,
Rep. by Inspector of Police(Law & Order),
Ethappur Police Station,
Yethappur,
Salem District - 636 117. ...Respondents
PRAYER: Writ Petition filed under Article 226 Constitution of India, to
issue Writ of Mandamus, to direct the Respondents 2 & 3 to forthwith
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W.P.No.18078 of 2021
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 admeasuring about 950 Sq.ft situated and or comprised in Survey
No.101/1G, lying and situated at Erramasamuthiram Village,
Pethanayakanpalayam SRO, Salem East Registration District.,
Pethanayakanpalayam Taluk., Salem District, on the basis of the complaint
filed by the petitioner dated 10.05.2021, 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 Telecommunication vide No.G.S.R.1070(E) dated
15.11.2016.
For Petitioner : Mr.J.Ravikumar.
For Respondents : Mr.A.Damodharan,
Government Advocate (Crl.side)
ORDER
This Writ petition has been filed for the issuance of a Writ of
Mandamus, to direct 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
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W.P.No.18078 of 2021
about 950 Sq.ft situated and or comprised in Survey No.101/1G, lying and
situated at Erramasamuthiram Village, Pethanayakanpalayam SRO, Salem
East Registration District., Pethanayakanpalayam Taluk., Salem District, on
the basis of the complaint filed by the petitioner dated 10.05.2021, 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 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
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W.P.No.18078 of 2021
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.
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.
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W.P.No.18078 of 2021
6. Accordingly, this Criminal Original Petition is disposed
of with a direction to the respondents to give adequate police
protection, if there is no legal impediments.
03.09.2021
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Index: Yes/No
Internet: Yes/No
mpl
To
1.The District Collector
Collectorate,
District Collector Office,
Salem - 636001.
2.The Superintendent of Police,
District Police Office,
Salem - 636002.
3.The Inspector of Police(Law & Order),
Ethappur Police Station,
Yethappur,
Salem District - 636 117.
https://www.mhc.tn.gov.in/judis/
W.P.No.18078 of 2021
M.NIRMAL KUMAR, J.
mpl
W.P.No.18078 of 2021
03.09.2021
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