Madras High Court
M/S.Ascend Telecom ... vs The District Collector on 10 August, 2023
W.P.No.23415 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.23415 of 2023
M/s.Ascend Telecom Infrastructure Private Limited,
Rep by its Authorized Signatory,
Mr.Tamilselvan,
Having Office address at
Old No.32, New No.54, Butt Road,
St.Thomas Mound, Near Kathipara Junction,
Chennai 600 016.
...Petitioners
vs.
1.The District Collector,
Villupuram.
2.The Superintendent of Police,
Villupuram.
3.The Inspector of Police,
Villupuram Taluk, Villupuram District.
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Mandamus, to direct the first respondent to grant permission
to the petitioner by considering the petitioner's application VPM22800216 dated
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W.P.No.23415 of 2023
17.08.2022 for the mobile phone tower erection and operation work of the
petitioner at the premises being a portion of land of 1200 sq feet vacant land out
of the 1206.31 sq feet of land property at Villupuram Registration District,
Villupuram Joint II sub registration district, in the boundary of Villupuram
Taluk Pannampattu Village, Ayan Punjay S.F.68/4, S.F.68/1, T.K.N. Nagar in
Plot No.1 in the light of the order passed by this Court in W.P.(MD)No.12971 of
2020 dated 16.10.2020 and consequently direct the second and third
respondents to provide necessary police protection to the petitioner for their
mobile phone tower erection and operation work in the said premises.
For Petitioners : Ms.M.Karpagam
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
********
ORDER
This writ petition has been filed to direct the first respondent to grant
permission to the petitioner by considering the petitioner's application
VPM22800216 dated 17.08.2022 for the mobile phone tower erection and
operation work of the petitioner at the premises being a portion of land of 1200
sq feet vacant land out of the 1206.31 sq feet of land property at Villupuram
Registration District, Villupuram Joint II sub registration district, in the
boundary of Villupuram Taluk Pannampattu Village, Ayan Punjay S.F.68/4,
S.F.68/1, T.K.N. Nagar in Plot No.1 in the light of the order passed by this Court
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W.P.No.23415 of 2023
in W.P.(MD)No.12971 of 2020 dated 16.10.2020 and consequently direct the
second and third respondents to provide necessary police protection to the
petitioner for their mobile phone tower erection and operation work in the said
premises.
2. The case of the petitioner is that the petitioner is engaged in the
business of providing telecom services viz., broadband Internet services and
other allied services. For the said purpose, cell phone towers are 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, the
residents of the area came to the spot and started causing hindrance to the
company officials from carrying out the construction work. The petitioner also
gave a representation dated 17.08.2022 to the first respondent to provide them
with protection. However, the first respondent had not acted upon the said
complaint and therefore, the present petition has been filed.
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4. Learned counsel appearing for 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.
5. It will be appropriate to extract the relevant portions of the order in
Crl.O.P.No.16618 of 2018 and the same 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 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
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W.P.No.23415 of 2023
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
and third 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 and the petitioner shall pay a cost of Rs.10,000/- (Rupees
Ten thousand only) to the respondent police towards police protection. If the
third respondent does not provide police protection, it is left open to the
petitioner to approach the second respondent
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8. The Writ Petition is disposed of with the above direction. No Costs.
10.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
nsa
To
1.The District Collector,
Villupuram.
2.The Superintendent of Police,
Villupuram.
3.The Inspector of Police,
Villupuram Taluk, Villupuram District.
4.The Public Prosecutor,
Madras High Court,
Chennai 600 104..
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W.P.No.23415 of 2023
N. ANAND VENKATESH, J.
nsa
W.P.No.23415 of 2023
10.08.2023
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