M/S.Ascend Telecom ... vs The District Collector
2023 Latest Caselaw 11804 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.09.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.25903 of 2023

            M/s.Ascend Telecom Infrastructure Private Limited,
            Rep. 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 District Collector,
              Collectorate Thiruvallur.

            2.The Superintendent of Police,
              Chinna Ekkadu, Jaya Nagar, Thiruvallur,
              Tamil Nadu 602001.

            3.The Inspector of Police,
              Sevva Pettai Police Station,
              Thiruvallur High Road, Sevvapet, Tamil Nadu 602 025.                    ...Respondents

            Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to
            issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's
            TLR221101462 with application date 26.04.2023 and consequently, direct the second
            and third respondents to provide necessary police protection to the petitioner for their


                                                        1/6

https://www.mhc.tn.gov.in/judis
            mobile phone tower erection and operation work for the property being a portion of
            land of 1200 Sq. feet of out of 0.05 cents of landing property at Thiruvallur Registration
            District, Thiruvallur Joint I Sub Registration District, in the boundary of Thaneerkulam
            Village Punjay S.F.No.433 of 02 in New S.F.No.71/3A2 registered in document
            No.378/1989 sale deed registration dated 02.02.1989, to the light of the order passed by
            this Court in W.P.(MD) No.12971 of 2020 dated 16.10.2020.


                                  For Petitioners     : Ms.M.Karpagam

                                  For Respondents : Mr.A.Damodaran
                                                    Additional Public Prosecutor


                                                      ORDER

This writ petition has been filed for a direction to the 1st respondent to consider

the petitioner's TLR221101462 with application date 26.04.2023 and consequently,

direct the second and third respondents to provide necessary police protection to the

petitioner for their mobile phone tower erection and operation work for the property

being a portion of land of 1200 Sq. feet of out of 0.05 cents of landing property at

Thiruvallur Registration District, Thiruvallur Joint I Sub Registration District, in the

boundary of Thaneerkulam Village Punjay S.F.No.433 of 02 in New S.F.No.71/3A2

registered in document No.378/1989 sale deed registration dated 02.02.1989, to the

light of the order passed by this Court in W.P.(MD) No.12971 of 2020 dated

16.10.2020.

https://www.mhc.tn.gov.in/judis

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 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

11.08.2023 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.

https://www.mhc.tn.gov.in/judis

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 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

https://www.mhc.tn.gov.in/judis 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/- (Rupees Ten thousand only) to the respondent

police towards police protection. If there is any difficulty for the petitioner in getting the

police protection from the respondent police, it is left open to the petitioner to approach

the Superintendent of Police and bring to the notice of the Superintendent of Police the

order passed in this petition.

The Writ Petition is disposed of with the above direction. No Costs.

04.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

To

1.The District Collector, Collectorate Thiruvallur.

2.The Superintendent of Police, Chinna Ekkadu, Jaya Nagar, Thiruvallur, Tamil Nadu 602001.

3.The Inspector of Police, Sevva Pettai Police Station, Thiruvallur High Road, Sevvapet, Tamil Nadu 602 025.

4.The Public Prosecutor, High Court, Madras.

W.P.No.25903 of 2023

04.09.2023

https://www.mhc.tn.gov.in/judis