Madras High Court
M/S.Ascend Telecom ... vs The Superintendent Of Police on 17 April, 2023
1 W.P.No.11503 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.No.11503 of 2023
&
WMP No.11392 of 2023
M/s.Ascend Telecom Infrastructure Private Limited,
Represented by its Authorized Signatory
Mr.Tamilselvan .. Petitioner
Vs.
1. The Superintendent of Police,
Thiruvallur.
2. The Inspector of Police,
Manavalanagar Police Station,
Thiruvallur. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue 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.MELTR2, with a land
area of 870 Sq.ft of Vacant Land out of 1800 Sq.feet situated at Thiruvallur
https://www.mhc.tn.gov.in/judis
2 W.P.No.11503 of 2023
Registration District, Manavala Nagar Sub Registration District in the
boundary of Thiruvallur District, Thiruvallur Taluk, Polivakkam Village,
“Srigomathi Nagar Extension – II” (Approval No.CSAR/DTCP-M-84
208/LP171 dated 22.09.1984) S.F.No,823/1, Patta No.10988 in
S.F.No.823/2017 Plot No.46, Registered as Doc.No.1602/2021 dated
19.04.2021.
For Petitioner : Mr.A.M.Venkatakrishnan
For Respondents : Mr.S.Santhosh
Government Advocate (Crl. Side)
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 erect, commissioning of
equipments and to radiate the transmission tower at the lease site namely Site
ID No.MELTR2, with a land area of 870 Sq.ft of Vacant Land out of 1800
Sq.feet situated at Thiruvallur Registration District, Manavala Nagar Sub
Registration District in the boundary of Thiruvallur District, Thiruvallur
Taluk, Polivakkam Village, “Srigomathi Nagar Extension – II” (Approval
No.CSAR/DTCP-M-84 208/LP171 dated 22.09.1984) S.F.No,823/1, Patta
No.10988 in S.F.No.823/2017 Plot No.46, Registered as Doc.No.1602/2021
dated 19.04.2021.
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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 30.03.2023, 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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4.The learned counsel appearing for the petitioner submitted 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
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
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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
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
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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 miscellaneous petition is closed.
17.04.2023
Index : Yes/No
Internet : Yes/No
Sma
To
1. The Superintendent of Police,
Thiruvallur.
2. The Inspector of Police,
Manavalanagar Police Station,
Thiruvallur.
3. The Additional Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
G.CHANDRASEKHARAN,J.
Sma
W.P.No.11503 of 2023
&
WMP No.11392 of 2023
17.04.2023
https://www.mhc.tn.gov.in/judis
