Madras High Court
M/S.Ascend Telecom ... vs The Superintendent Of Police on 12 July, 2023
W.P No.20630 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.20630 of 2023
M/s.Ascend Telecom Infrastructure
Private Limited,
represented by its Authorized Signatory,
Mr.Tamilselvan ... Petitioner
vs.
1.The Superintendent of Police,
Tiruvarur.
2.The Inspector of Police,
Tiruvarur Taluk Police Station,
Tiruvarur Taluk, Tiruvarur District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to
provide effective police protection to the petitioner's company and its staff,
subordinate and to erect transmission cell phone tower in for the property
being a portion of land of 1200 sq.feet vacant land out of the property 160
sq.feet of land property at Thiruvarur Registration District, Thiruvarur Joint I
Sub Registration District, in the boundary of Thiruvarur District, Thiruvarur
Taluk, Thiruvarur Panchayat Union, Koodur Panchayat, Keezhakuthungi
Revenue Village, Koodur small village, S.F.No.56-34 (Old S.F.No.56-6)
https://www.mhc.tn.gov.in/judis
W.P No.20630 of 2023
registered as document No.4288/2012, sale deed dated 27.08.2012 based on
the complaint dated 14.06.2023 with C.S.R.No.456 of 2023.
For Petitioner : M/s.M.Karpagam
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This 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
Thiruvarur Registration District, Thiruvarur Joint I Sub Registration District,
in the boundary of Thiruvarur District, Thiruvarur Taluk, Thiruvarur
Panchayat Union, Koodur Panchayat, Keezhakuthungi Revenue Village,
Koodur small village, S.F.No.56-34 (Old S.F.No.56-6) registered as
document No.4288/2012, sale deed dated 27.08.2012, 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 a lease agreement with the owner
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W.P No.20630 of 2023
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 14.06.2023 to the 2nd respondent Police to
provide them with protection. However, the 2nd respondent Police had not
acted upon the said complaint and therefore, the present 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 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
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W.P No.20630 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
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W.P No.20630 of 2023
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 2nd
respondent police to provide police protection to the petitioner for erection of
the cell phone tower. The 2nd 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.The Writ Petition is disposed of with the above direction. No costs.
12.07.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
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W.P No.20630 of 2023
Neutral Citation Case: Yes/No
mpa
N. ANAND VENKATESH, J.
mpa
To
1.The Superintendent of Police,
Tiruvarur.
2.The Inspector of Police,
Tiruvarur Taluk Police Station,
Tiruvarur Taluk, Tiruvarur District.
3.The Public Prosecutor,
High Court of Madras,
Chennai.
W.P No.20630 of 2023
https://www.mhc.tn.gov.in/judis
W.P No.20630 of 2023
12.07.2023
https://www.mhc.tn.gov.in/judis
