Madras High Court
M/S.Ascend Telecom ... vs The Superintendent Of Police on 13 April, 2023
W.P.No.11298 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
W.P.No.11298 of 2023
and
W.M.P.No.11179 of 2023
M/s.Ascend Telecom Infrastructure Private Limited,
Represented by its Authorized Signatory,
Mr.Tamilselvan,
Old No.32, New No.4,
Butt Road, St.Thomas Mount,
Near Kathipara Junction,
Chennai – 600 016. ...Petitioner
Vs.
1.The Superintendent of Police,
Thiruvallur.
2.The Inspector of Police,
Mappedu Police Station,
Thiruvallur. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to issue a Writ of Mandamus, directing the respondents to provide
adequate police protection to the petitioner company and its staff and sub-
ordinates to erect, commissioning of equipments and to radiate the
transmission tower at the lease site namely Site ID No.KELCR2 with
property of a land area of 1200 Sq.ft. Out of 1677 Sq.ft of Vacant Land and
the property situated at Thiruvallur District, Kanchipuram – Perambakkam
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W.P.No.11298 of 2023
Registration District, in the boundary of Thiruvallur District, Kanchipuram
TK, Kadambathur Union, 127-Keelachery Village, Grama Natham Old
S.F.No.169/1 as per Grama Natham New S.F.No.289/5 as Natham Patta
Number.414 New S.F.No.289/6, Plot No.7, Sale Deed registered as
Doc.No.1535/2011 dated 17.05.2011.
For Petitioner : Mr.T.Pandiyan
For Respondents : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
**********
ORDER
This petition has been filed for the issue of a writ of mandamus,
directing the respondents to provide the 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.KELCR2 with property of a land area of 1200 Sq.ft. Out of 1677
Sq.ft. Of Vacant Land and the property situated at Thiruvallur District,
Kanchipuram – Perambakkam Registration District, in the boundary of
Thiruvallur District, Kanchipuram TK, Kadambathur Union, 127-
Keelachery Village, Grama Natham Old S.F.No.169/1 as per Grama Natham
New S.F.No.289/5 as Natham Patta Number.414, New S.F.No.289/6, Plot
No.7, Sale Deed Registered as Doc.No.1535/2011 dated 17.05.2011.
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W.P.No.11298 of 2023
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 31.03.2023, 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
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W.P.No.11298 of 2023
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 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
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W.P.No.11298 of 2023
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
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 raise to any law
and order problem.
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W.P.No.11298 of 2023
8. This writ petition is allowed with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
13.04.2023
kkn
Index :Yes/No
Internet :Yes/No
To
1.The Superintendent of Police,
Thiruvallur.
2.The Inspector of Police,
Mappedu Police Station,
Thiruvallur.
3.The Public Prosecutor,
High Court, Madras.
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W.P.No.11298 of 2023
SUNDER MOHAN, J.
KKN
W.P.No.11298 of 2023
and
W.M.P.No.11179 of 2023
13.04.2023
https://www.mhc.tn.gov.in/judis
