M/S.Tower Vision India Private ... vs The Superintendent Of Police
2023 Latest Caselaw 8481 Mad

Citation : 2023 Latest Caselaw 8481 Mad
Judgement Date : 18 July, 2023

Madras High Court

M/S.Tower Vision India Private ... vs The Superintendent Of Police on 18 July, 2023

                                                                         Writ Petition No.21165 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 18.07.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           Writ Petition No.21165 of 2023

                     M/s.Tower Vision India Private Ltd.,
                     rep. By its Authorized Signatory
                     R.M.Nagappan – Circle Head,
                     Having Office at Basement No.28,
                     AMG Tower, Lawyer Jagannathan Street,
                     Alandur, Chennai – 16.                                           ...Petitioner
                                                         Vs
                     1.The Superintendent of Police,
                       Thiruvarur District.

                     2.The Inspector of Police,
                       Thiruvarur District Police Station,
                       Thiruvarur – 610 001.                                     ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of The Constitution of
                     India praying to issue a Writ of Mandamus to direct the respondents to
                     provide effective police protection to the petitioner company's personnel,
                     vendors and contractors for installation of cell phone towers in respect of
                     work site bearing property T.S.No.552/1A, Ward 3, Block No.14, Sri Guru
                     Nagar Plots Division, Vijayapuram Circle, Vinmeenagapuram Village, Guru
                     Nagar, Plot No.C1 Thiruvarur Nagaratchi, Thiruvarur Taluk, Thiruvarur
                     District, Sub Registrar, Thiruvarur, Nagapattinam Registration, Thiruvarur
                     610 001 based on the complaint dated 20.06.2023.
                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                  Writ Petition No.21165 of 2023

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

                                                            ORDER

This writ petition has been filed for a direction to the respondents to

provide effective police protection to the petitioner company's personnel,

vendors and contractors for installation of cell phone towers in respect of

work site bearing property T.S.No.552/1A, Ward 3, Block No.14, Sri Guru

Nagar Plots Division, Vijayapuram Circle, Vinmeenagapuram Village, Guru

Nagar, Plot No.C1 Thiruvarur Nagaratchi, Thiruvarur Taluk, Thiruvarur

District, Sub Registrar, Thiruvarur, Nagapattinam Registration, Thiruvarur

610 001 based on the complaint dated 20.06.2023.

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

https://www.mhc.tn.gov.in/judis Writ Petition No.21165 of 2023

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 20.06.2023 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 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

https://www.mhc.tn.gov.in/judis Writ Petition No.21165 of 2023

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

the effect of radiation from the cell phone tower. The apprehension does not

https://www.mhc.tn.gov.in/judis Writ Petition No.21165 of 2023

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/-