Indus Towers Limited vs The Superintendent Of Police
2023 Latest Caselaw 5036 Mad

Citation : 2023 Latest Caselaw 5036 Mad
Judgement Date : 5 May, 2023

Madras High Court

Indus Towers Limited vs The Superintendent Of Police on 5 May, 2023

                                                                           W.P.No. 13764 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 05.05.2023

                                                       CORAM:

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                 W.P.No. 13764 of 2023

                     Indus Towers Limited
                     represented by its Authorized Signatory Mr.S.Prasanna,
                     No.5, ESPEE IT Park,
                     5th Floor, Jawaharlal Nehru Road,
                     Ekkatuthangal, Chennai-600 097.                        ... Petitioner

                                                          Vs.
                     1. The Superintendent of Police,
                        Tirupathur District.

                     2. The Deputy Superintendent of Police,
                      Tirupathur District.

                     3.The Inspector of Police,
                      Town Police Station, Vaniyambadi,
                      Tirupathur District.

                     4.The District Collector,
                      Tirupathur District.

                     5. The Tahsildar,
                      Tirupathur District.

                     6.The Commissioner,
                      Vaniyambadi Municipality,
                      Tirupathur District.                               ... Respondents



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                     Page 1 of 9
                                                                                  W.P.No. 13764 of 2023

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India praying for the issuance of Writ of Mandamus, praying to direct the
                     respondents 1 to 3 to provide necessary police protection to the petitioner
                     for their mobile phone tower works at the premises being about 1200 sq
                     ft of land at T.S.No.18/2BIB, Trunk road, Konamedu, Vaniyambadi,
                     Tirupathur District-635 751, on the representation under online
                     acknowledgment No.HUJ23050443 dated 18.03.2023 and direct the
                     respondents 4 to 7 to render necessary co-operation to the respondents 1
                     to 3 in the matter.


                                              For Petitioner     : Mr.S.Anil Sandeep

                                              For Respondents : Mr.S.Santhosh
                                                                Government Advocate (Crl.Side)

                                                           ORDER

This Writ petition has been filed seeking for a direction to the

respondent police to provide adequate protection to the petitioner's

company and its staff and subordinates to erect, commissioning of

equipments and to radiate the transmission tower at the lease site namely

plot measuring 1200 Sq.ft. with building thereon bearing

T.S.No.18/2BIB, Trunk road, Konamedu, Vaniyambadi, Tirupathur

District-635 751.

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W.P.No. 13764 of 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. 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. 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 through online dated 18.03.2023 to

the respondent police to provide them with protection. However, the

respondent Police had not acted upon the said complaint and therefore,

the present Writ Petition has been filed.

3. 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

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W.P.No. 13764 of 2023

this Court the order dated 28.06.2018, passed by this Court in

Crl.O.P.No.16618 of 2018, wherein the very same petitioner was a party.

4. 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

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W.P.No. 13764 of 2023

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.”

5. 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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W.P.No. 13764 of 2023

6. For the reasons stated above, there shall be a direction to the

third respondent police to provide police protection to the petitioner for

erection of the cell phone tower. The 1st respondent police shall ensure