Madras High Court
Atc Telecom Infrastructure Pvt. ... vs The District Collector on 27 January, 2022
W.P.No.27149 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.27149 of 2021
ATC Telecom Infrastructure Pvt. Ltd.,
Represented by its Power of Attorney Holder,
N.Senathipathi,
“Celestial Point”, No.45, Damodharan Street,
T.Nagar, Chennai – 600 017. ... Petitioner
Versus
1.The District Collector,
Collectorate,
District Collectorate Office,
Krishnagiri – 635 001.
2.The Superintendent of Police,
District Police Office,
Krishnagiri – 635 001.
3.The State,
Represented by Inspector of Police (Law & Order),
Denkanikottai Town Police Station,
Krishnagiri District. ... Respondents
Page No.1 of 8
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W.P.No.27149 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
forthwith provide effective police protection to the petitioner's company to
fully complete the erection of transmission cell phone tower and to install
the telecommunication electrical and electronic equipments, cables at the
vacant space at the open land admeasuring about 1200 Sq.ft (30 x 40) out
of total land measuring about more or less 1.15 Cents situated and/or
comprised in Survey No.778/2 lying and situated at Denkanikottai Village,
16th Ward, pattas No.1292, Denkanikottai SRO, Krishnagiri Registration
District, Denkanikottai Taluk, Krishnagiri District, on the basis of the
complaint filed by the petitioner dated 02.09.2021 and CSR No.171 of
2021 which issued on the same date, 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 and as per G.O.(Ms.)No.197, Industries (MIB.1) Department
dated 13.08.2021 and pass such further or other orders or order as the
Court may deem fit and proper.
For Petitioner : Mr.J.Ravikumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
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W.P.No.27149 of 2021
(This case has been heard through video conference)
This petition has been filed for the issuance of a Writ of mandamus,
directing the respondents 2 & 3 forthwith provide effective police
protection to the petitioner's company to fully complete the erection of
transmission cell phone tower and to install the telecommunication
electrical and electronic equipments, cables at the vacant space at the open
land admeasuring about 1200 Sq.ft (30 x 40) out of total land measuring
about more or less 1.15 Cents situated and/or comprised in Survey
No.778/2 lying and situated at Denkanikottai Village, 16th Ward, pattas
No.1292, Denkanikottai SRO, Krishnagiri Registration District,
Denkanikottai Taluk, Krishnagiri District, on the basis of the complaint
filed by the petitioner dated 02.09.2021 and CSR No.171 of 2021 which
issued on the same date, 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,
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W.P.No.27149 of 2021
Department of Telecommunication vide No.G.S.R.1070(E) dated
15.11.2016 and as per G.O.(Ms.)No.197, Industries (MIB.1) Department
dated 13.08.2021 and pass such further or other orders or order as the
Court may deem fit and proper.
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
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W.P.No.27149 of 2021
work. In this regard, the petitioner gave a complaint to the 3rd respondent
on 02.09.2021, seeking police protection. However, the 3rd 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.
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,
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W.P.No.27149 of 2021
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
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.
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W.P.No.27149 of 2021
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 3 rd
respondent police to provide police protection to the petitioner for erection
of the cell phone tower. The 3rd 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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W.P.No.27149 of 2021
M.NIRMAL KUMAR, J.
dna
8. This writ petition is disposed of with the above direction. No
costs.
27.01.2022
Index: Yes/No
Internet: Yes/No
dna
To
1.The District Collector,
Collectorate, District Collectorate Office,
Krishnagiri – 635 001.
2.The Superintendent of Police,
District Police Office,
Krishnagiri – 635 001.
3.The Inspector of Police (Law & Order),
Denkanikottai Town Police Station,
Krishnagiri District.
4.The Public Prosecutor,
High Court, Madras.
W.P.No.27149 of 2021
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