M/S.Ascend Telecom ... vs The Superintendent Of Police
2023 Latest Caselaw 7710 Mad

Citation : 2023 Latest Caselaw 7710 Mad
Judgement Date : 6 July, 2023

Madras High Court

M/S.Ascend Telecom ... vs The Superintendent Of Police on 6 July, 2023

                                                                           Writ Petition No.19876 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 06.07.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           Writ Petition No.19876 of 2023

                     M/s.Ascend Telecom Infrastructure Private Ltd.,
                     represented 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 Superintendent of Police,
                       Tiruvarur.

                     2.The Inspector of Police,
                       Vaduvoor Police Station,
                       Vaduvoor, Tiruvarur District.                           ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying to issue a Writ of Mandamus to direct the respondents 1 and
                     2 to provide effective police protection to the petitioner's company and its
                     staff, subordinate and to erect transmission cell phone tower in the property
                     being a portion of land of 1200 sq.ft. vacant land out of 73 cents of land
                     property at Nagapattinam, Nagapattinam Registration District, Vadur Sub
                     Registration District in the boundary of Manargudi Taluk, Karakottai
                     Vattam, S.F.No.626/13, registered as document No.244/2022 based on the
                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                  Writ Petition No.19876 of 2023

                     complaint dated 07.06.2023 with CSR No.370/2023.


                                        For Petitioner     : Mr.M.Karpagam
                                        For Respondents : Mr.A.Damodaran
                                                          Additional Public Prosecutor
                                                           *****

                                                             ORDER

This petition has been filed for a direction to the respondents 1 and 2

to provide effective police protection to the petitioner's company and its

staff, subordinate and to erect transmission cell phone tower in the property

being a portion of land of 1200 sq.ft. vacant land out of 73 cents of land

property at Nagapattinam, Nagapattinam Registration District, Vadur Sub

Registration District in the boundary of Manargudi Taluk, Karakottai

Vattam, S.F.No.626/13, registered as document No.244/2022 based on the

complaint dated 07.06.2023 with CSR No.370/2023.

2. The case of the petitioner is that the petitioner is engaged in the

business of providing broadband Internet services and other allied services

throughout India. 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.

https://www.mhc.tn.gov.in/judis Writ Petition No.19876 of 2023

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 07.06.2023 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 the petitioner would submit that the

issue involved in this petition is covered by the earlier judgments of this

Court. 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

https://www.mhc.tn.gov.in/judis Writ Petition No.19876 of 2023

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 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

https://www.mhc.tn.gov.in/judis Writ Petition No.19876 of 2023

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/-