Madras High Court
K.Mani vs The Superintendent Of Police on 14 August, 2023
W.P. No.23873 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.23873 of 2023
K.Mani
S/o.Kumaran .. Petitioner
Vs.
1.The Superintendent of Police,
Office of the Superintendent of Police,
Tiruppur District, Tiruppur,
Tamil Nadu - 641 603.
2. The Deputy Superintendent of Police,
Avinashi, Tiruppur - 641 654.
3. The Inspector of Police,
Cheyur Police Station,
66WQ + G24, Gobichettipalayam - Avinashi Road,
Sevur, Tamil Nadu - 641 655. ..Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, pleased to issue a Writ of Mandamus, directing the respondents to
give adequate police protection to erect, install, and maintain the Mobile
phone tower in the property of the petitioner comprised in Plot No.45 in
Gouse Nagar in Survey No.116/1, within the Muriyandampalayam
Panchayat limit, Avinasi Vattam, Tiruppur District 641 301, of an extent of
1/6
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W.P. No.23873 of 2023
1600 square feet.
For Petitioner : Mr. N. Ganesh
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
*****
ORDER
This writ petition has been filed for a direction to the respondents to
give adequate police protection to erect, install, and maintain the Mobile
phone tower in the property of the petitioner comprised in Plot No.45 in
Gouse Nagar in Survey No.116/1, within the Muriyandampalayam
Panchayat limit, Avinasi Vattam, Tiruppur District 641 301, of an extent of
1600 square feet.
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
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W.P. No.23873 of 2023
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 16.06.2023 to the third respondent police to
provide them with protection. However, the third respondent police had not
acted upon the said complaint and therefore, the present petition has been
filed.
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
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W.P. No.23873 of 2023
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 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.”
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W.P. No.23873 of 2023
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 third
respondent police to provide police protection to the petitioner for erection
of the cell phone tower. The third 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.
N.ANAND VENKATESH, J
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W.P. No.23873 of 2023
gm
The Writ Petition is disposed of with the above direction. No Costs.
14.08.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
gm
To
1.The Superintendent of Police,
Office of the Superintendent of Police,
Tiruppur District, Tiruppur,
Tamil Nadu - 641 603.
2. The Deputy Superintendent of Police,
Avinashi, Tiruppur - 641 654.
3. The Inspector of Police,
Cheyur Police Station,
66WQ + G24, Gobichettipalayam - Avinashi Road,
Sevur, Tamil Nadu - 641 655.
4.The Public Prosecutor,
High Court of Madras.
W.P. No.23873 of 2023
https://www.mhc.tn.gov.in/judis
