Madras High Court
Indus Towers Limited vs The District Collector on 10 July, 2023
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.07.2023
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
W.P.No.20092 of 2023
Indus Towers Limited
Rep by its Authorized Signatory Mr.S.Prasanna
No.5 ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road,
Ekkattuthangal, Chennai - 600 097. ... Petitioner
Vs.
1. The District Collector,
Collectorate,
Tiruppur 641 604.
2. Superintendent of Police,
Palladam Main Road,
Karuppa Gaundanpalayam,
Tiruppur, Tamil Nadu 641 604.
3. The Commissioner Office,
Sirupooluvapatti,
Tiruppur, Tamil Nadu 641 687.
4. The Inspector of Police,
Thali Police Station, Tiruppur. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
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2
India, pleased to issue a Writ of Mandamus, to direct the respondent
Nos.2 to 4 to provide necessary, effective Police Protection to the
Petitioner for installing the Cell phone towers falling within the
District administration of Tiruppur and within the Jurisdiction of the
2nd respondent and prevent any hindrances and obstacles from any
third parties, groups, mobs.
For Petitioner : Mr.P.J.Rishikesh
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This Writ petition has been filed for a direction to the
respondents to provide police protection to erect transmission Cell
Phone Tower and to install all the telecommunication electrical &
electronic equipments, OFC cable and its maintenance work on the
said BTS transmission Tower at District Administration at Tiruppur,
the petitioner undertakes to pay necessary charges.
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
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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
02.05.2023 to the 4th respondent to provide them with protection.
However, the 4th respondent Police had not acted upon the said
complaint and therefore, the present writ Petition has been filed.
4.The learned counsel appearing for the 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
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Crl.O.P.No.16618 of 2018, wherein the very same petitioner was a
party.
5.It will be appropriate to extract the relevant portions of the
order in 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
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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 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.
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7.For the reasons stated above, there shall be a direction to
the 4th respondent police to provide police protection to the
petitioner for erection of the cell phone tower. The 4th 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.
8.This writ Petition is disposed of with the above direction.
10.07.2023
Index :Yes/No
Internet:Yes/No
Speaking/Non speaking order
rka
To
1. The District Collector,
Collectorate,
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Tiruppur 641 604.
2. Superintendent of Police,
Palladam Main Road,
Karuppa Gaundanpalayam,
Tiruppur, Tamil Nadu 641 604.
3. The Commissioner Office,
Sirupooluvapatti,
Tiruppur, Tamil Nadu 641 687.
4. The Inspector of Police,
Thali Police Station, Tiruppur.
5.The Public Prosecutor,
High Court, Madras.
N. ANAND VENKATESH,J
https://www.mhc.tn.gov.in/judis
rka
W.P.No.20092 of 2023
10.07.2023
https://www.mhc.tn.gov.in/judis
W.P.No.20092 of 2023
N. ANAND VENKATESH.,J
Today, the matter was listed under the caption “for being mentioned”,
since some inadvertent mistakes had crept in the order. Therefore, paragraph
Nos.1 and 7 of the order dated 10.07.2023, shall be replaced as follows:
This Writ petition has been filed for a direction to the
respondents to provide police protection to erect transmission
Cell Phone Tower and to install all the telecommunication
electrical & electronic equipments, OFC cable and its
maintenance work on the said BTS transmission Tower in (i)SF
No.47/2m, Erisnampatty Village, Udumaplet, Tiruppur – 642
207. (ii) SF No.154/1A2A, Uthukkuli Village, Tiruppur – 638
752. The petitioner also undertakes to pay necessary charges.
.
.
.
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N. ANAND VENKATESH.,J
ssr
7.For the reasons stated above, there shall be a direction
to the 4th respondent police to provide police protection to the
petitioner for erection of the cell phone tower. The 4th
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 for each site.
3.The Registry is directed to carry out the necessary corrections in the
order and issue fresh order copy.
01.08.2023
ssr (1/3)
W.P.No.20092 of 2023
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