Madras High Court
M/S.Ascend Telecom ... vs The District Collector on 29 August, 2023
W.P.No.25354 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.25354 of 2023
M/s.Ascend Telecom Infrastructure Private Ltd.,
Rep. by its Authorized Signatory,
Tamilselvan .. Petitioner
Versus
1. The District Collector,
Collectorte, Thiruvallur.
2. The Superintendent of Police,
Chinna Ekkadu, Jaya Nagar, Thiruvallur,
Tamil Nadu - 602 001.
3. The Inspector of Police,
Muthapudhupet Police Station,
Main Road, Palavedu Pettai,
Thiruvallur - 600 055. ..Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus to direct the second and third
respondents to provide necessary Police protection within a time frame
fixed by this Court to the petitioner for their mobile phone tower erection
and operation work for the property being a portion of land of 400 Sq.feet of
Roof Top our of 2400 Sq.feet of land along with building property at
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W.P.No.25354 of 2023
Tiruvallur Registration District, Poonamallee Sub Registration District, in
the boundary of Saidapet Taluk, Mutha Pudhu Pattu revenue village, Plot
No.65 Ayan Punjay S.F.No.22/01 registered as document No.4455 of 1983
to the light of the order passed by this Court in W.P.(MD).No.12971 of
2020, dated 16.10.2020.
For Petitioner : Mr.M.Karpagam
For Respondents : Mr.A.Damodaran,
Additional Public Prosecutor
ORDER
This Writ Petition has been filed for a direction to the respondents 2
and 3 to provide necessary Police protection to the petitioner within a time
frame fixed by this Court for their mobile phone tower erection and
operation work for the property being a portion of land of 400 Sq.feet of
Roof Top out of 2400 Sq.feet of land along with building property at
Tiruvallur Registration District, Poonamallee Sub Registration District, in
the boundary of Saidapet Taluk, Mutha Pudhu Pattu revenue village, Plot
No.65 Ayan Punjay S.F.No.22/01 registered as document No.4455 of 1983
to the light of the order passed by this Court in W.P.(MD).No.12971 of
2020, dated 16.10.2020.
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W.P.No.25354 of 2023
2. The case of the petitioner is that the petitioner is engaged in the
business of providing telecom business including the installation of mobile
towers from sourcing of land till commissioning of the tower. 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 complaint, dated 11.08.2023 to the respondents 2 and 3 Police to
provide them with protection. However, the respondents 2 and 3 Police had
not acted upon the said complaint and therefore, the present petition has
been filed.
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W.P.No.25354 of 2023
4. The 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
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W.P.No.25354 of 2023
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 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
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W.P.No.25354 of 2023
approach the Superintendent of Police and bring to the notice of the
Superintendent of Police the order passed in this petition.
8. The Writ Petition is disposed off with the above direction. No
Costs.
29.08.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
N.ANAND VENKATESH, J.
grs
To
1. The District Collector,
Collectorate, Thiruvallur.
2. The Superintendent of Police,
Chinna Ekkadu, Jaya Nagar, Thiruvallur,
Tamil Nadu - 602 001.
3. The Inspector of Police,
Muthapudhupet Police Station,
Main Road, Palavedu Pettai,
Thiruvallur - 600 055.
4. The Public Prosecutor,
High Court of Madras.
W.P.No.25354 of 2023
https://www.mhc.tn.gov.in/judis
W.P.No.25354 of 2023
29.08.2023
https://www.mhc.tn.gov.in/judis
