M/S.Ascend Telecom ... vs The District Collector
2023 Latest Caselaw 10592 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 17.08.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.24093 of 2023

                M/s.Ascend Telecom Infrastructure Private Ltd.,
                Rep. by its Authorized Signatory,
                Mr.Tamilselvan
                Having Office address at
                Old No.32, New No.54, Butt Road,
                St. Thomas Mount, Near Kathipara Junction,
                Chennai – 600 016.                                                      ...Petitioner

                                                        Vs.
                1.The District Collector,
                  Cuddalore.

                2.The Superintendent of Police,
                  Cuddalore.

                3.The Inspector of Police,
                  Annamalai Nagar Police Station,
                  Annamalai Nagar, Chidambaram – 608 002.                            ..Respondents

                PRAYER : PRAYER : Writ Petition is filed under Article 226 of the Constitution
                of India, pleased to issue a Writ of Mandamus, directing the 2 nd and 3rd respondent
                to provide necessary police protection to the petitioner for their mobile phone
                tower erection and operation work for the property being a portion of land of 1200


                                                        1/6


https://www.mhc.tn.gov.in/judis
                Sq. feet vacant land out to the 2330 Sq ft. an equivalent to Acr 0.5.34 cents of land
                property at Chidambaram registration District, Chidambaram joint I Sub
                Registration District, in the boundary of Chidrambaram Taluk, Gummidipoondi
                taluk, Kothangudi Village, Thanthai Periyar Nagar Plot No.26, R.S.No.84/2, to the
                light of the order passed by this Court in W.P.(MD) No.12971 of 2020 dated
                16.10.2020.
                                  For Petitioner              : Ms.M.Karpagam

                                  For Respondents             : Mr.A.Damodaran
                                                                Additional Public Prosecutor

                                                        ORDER

This writ petition has been filed for a direction to the 2nd and 3rd respondent

to provide necessary police protection to the petitioner for their mobile phone

tower erection and operation work for the property being a portion of land of 1200

Sq. feet vacant land out to the 2330 Sq ft. an equivalent to Acr 0.5.34 cents of land

property at Chidambaram registration District, Chidambaram joint I Sub

Registration District, in the boundary of Chidrambaram Taluk, Gummidipoondi

taluk, Kothangudi Village, Thanthai Periyar Nagar Plot No.26, R.S.No.84/2, to the

light of the order passed by this Court in W.P.(MD) No.12971 of 2020 dated

16.10.2020.

https://www.mhc.tn.gov.in/judis

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 19.07.2023 to the second respondent Police to provide them with protection.

However, the second 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

https://www.mhc.tn.gov.in/judis 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 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.

https://www.mhc.tn.gov.in/judis

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

and the petitioner shall pay a cost of Rs.10,000/- (Rupees Ten thousand only) to

the respondent police towards police protection. If there is any difficulty for the

petitioner in getting the police protection from the respondent police, it is left open

to the petitioner to approach the Superintendent of Police and bring to the notice of

the Superintendent of Police the order passed in this petition.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

8.The Writ Petition is disposed of with the above direction. No Costs.

17.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

To

1.The District Collector, Cuddalore.

2.The Superintendent of Police, Cuddalore.

3.The Inspector of Police, Annamalai Nagar Police Station, Annamalai Nagar, Chidambaram – 608 002.

4.The Public Prosecutor High Court of Madras, Madras.

W.P.No.24093 of 2023

https://www.mhc.tn.gov.in/judis