Madras High Court
Ascend Telecom Infrastructure ... vs The Superintendent Of Police on 27 September, 2021
W.P.No.20167 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.20167 of 2021
and
W.M.P.No. 21436 of 2021
Ascend Telecom Infrastructure Private Limited,
Represnted by its Authorized Signatory,
Mr. Tamilselvan.
Old No.32, New No.54,
Butt road, St.thomas Mount,
Near Kathipara Junction,
Chennai – 600 016. ... Petitioner
Versus
1.The Superintendent of Police,
Cuddalore District.
2. The Inspector of Police,
L1 Vadalur Police Station,
Cuddalore. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a writ of Mandamus, directing the Respondents to provide
adequate police protection to 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. 0011939,
Page No.1 of 8
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W.P.No.20167 of 2021
property being portion of the land 1260 Sq.Ft out of 1721 Sq.Ft situated
at Survey No. 364/1L, Parvathipuram Village, Vanavil Nagar, Plot No. 2,
within the limits of Vadalur Municipality, Vadalur Sub Registration
District, Cuddalore Registration District.
For Petitioner : Mr.T.Pandiyan
For Respondents : Mr.A.Damodaran,
Additional Public Prosecutor
ORDER
This writ 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
erect, commissioning of equipments and to radiate the transmission tower
at the lease site namely Site ID No. 0011939, property being portion of
the land 1260 Sq.Ft out of 1721 Sq.Ft situated at Survey No. 364/1L,
Parvathipuram Village, Vanavil Nagar, Plot No. 2, within the limits of
Vadalur Municipality, Vadalur Sub Registration District, Cuddalore
Registration District.
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W.P.No.20167 of 2021
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 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 03.09.2021, seeking police protection. However, the
2nd respondent had not acted upon the said complaint and therefore, the
present Petition has been filed.
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W.P.No.20167 of 2021
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.
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
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W.P.No.20167 of 2021
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
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
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W.P.No.20167 of 2021
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 2 nd
respondent police to provide police protection to the petitioner for
erection of the cell phone tower. The 2nd 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. No
costs. Consequently, connected Writ Miscellaneous Petition is closed.
Index: Yes/No
Internet: Yes/No 27.09.2021
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To
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W.P.No.20167 of 2021
1.The Superintendent of Police,
Cuddalore District.
2. The Inspector of Police,
L1 Vadalur Police Station,
Cuddalore.
3. The Public Prosecutor,
High Court, Madras.
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W.P.No.20167 of 2021
M.NIRMAL KUMAR, J.
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W.P.No.20167 of 2021
27.09.2021
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