Madras High Court
M/S. Ascend Telecom ... vs The Superintendent Of Police on 2 June, 2022
W.P.No.14050 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.06.2022
CORAM
THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN
W.P.No.14050 of 2022
and W.M.P.No. 13295 of 2022
M/s. Ascend Telecom Infrastructure Private Limited,
Represented by its Authorized Signatory,
Mr.Tamilselvan,
Old No.32, New No.54,
Butt Road, St. Thomas Mount,
Near Kathipara Junction,
Chennai – 600 016. ... Petitioner
Vs.
1.The Superintendent of Police,
Ariyalur District.
2.The Inspector of Police,
Thalavoi South Police Station,
Ariyalur District. ... Respondents
Prayer: Writ Petition 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
errect, ommissioning of equipments and to raidate the transmission tower at
the lease site namely Site ID No. 0012356, property being portion of the land
1200 Sq Ft out of 26 Cents situated at Survey No. 463/5, Trichy District,
1/6
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W.P.No.14050 of 2022
Sengamedu Village under Thalavoi south Panchayath, situated within the Sub
Registration District of Senthurai.
For Petitioner : Mr.A.M.Venkatakrishnan
For Respondent : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
This petition has been filed for the issue of a writ of mandamus,
directing the respondents to provide adequate police protection to the
petitioner company and its staff and subordinates to errect, ommissioning of
equipments and to raidate the transmission tower at the lease site namely Site
ID No. 0012356, property being portion of the land 1200 Sq Ft out of 26
Cents situated at Survey No. 463/5, Trichy District, Sengamedu Village
under Thalavoi south Panchayath, situated within the Sub Registration
District of Senthurai.
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
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W.P.No.14050 of 2022
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
unknown anti social elements calling themselves as protectors of the area had
restrained the petitioner's employees from carrying out their duties. In this
regard, the petitioner gave a complaint to the 2nd respondent on 26.03.2022,
seeking police protection. However, the 2nd 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:-
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W.P.No.14050 of 2022
“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.
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
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W.P.No.14050 of 2022
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 second
respondent police to provide police protection to the petitioner for erection of
the cell phone tower. The second respondent police shall ensure that the
entire process goes on in a smooth manner, without giving rise to any law
and order problem.
8. This writ petition stands allowed with the above directions. No
costs. Consequently, connected miscellaneous petition is closed.
02.06.2022
Index :Yes/No
Speaking/Non speaking order
mrm
To
1.The Superintendent of Police,
Ariyalur District.
2.The Inspector of Police,
Thalavoi South Police Station,
Ariyalur District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.14050 of 2022
C.V.KARTHIKEYAN,J
mrm
W.P.No.14050 of 2022
02.06.2022
https://www.mhc.tn.gov.in/judis
