Madras High Court
M/S.Tower Vision India Private ... vs The Superintendent Of Police on 15 September, 2023
W.P.No.27196 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.27196 of 2023
M/s.Tower Vision India Private Ltd.,
Rep by its Authorised Signatory,
R.M.Nagappan .. Petitioner
Versus
1. The Superintendent of Police,
Mayiladuthurai District.
2. The Inspector of Police,
Sembanarkoil Police Station,
Mayiladuthurai District. ..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 &
contractors for installation of cell phone towers in respect of work site
bearing property Survey No: 57/2A2, Sembanarkoil Village, Tharangapadi
Taluk, Mayiladuthurai District - 609 309 based on complaint dated
23.08.2023.
For Petitioner : M/s.A.M.Amutha Ganesh
For Respondents : Mr.A.Damodaran,
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W.P.No.27196 of 2023
Additional Public Prosecutor
ORDER
This 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 in Survey No.57/2A2, Sembanarkoil village,
Tharangapadi taluk, Mayiladuthurai district based on complaint, dated
23.08.2023.
2. The case of the petitioner is that the petitioner Company is a
telecommunication service provider doing business of installation, operation
and maintenance of cellphone towers and other related works 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.
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W.P.No.27196 of 2023
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 23.08.2023 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. 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
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
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W.P.No.27196 of 2023
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.
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W.P.No.27196 of 2023
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
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.
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W.P.No.27196 of 2023
8. The Writ Petition is disposed of with the above direction. No
Costs.
15.09.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The Superintendent of Police,
Mayiladuthurai District.
2. The Inspector of Police,
Sembanarkoil Police Station,
Mayiladuthurai District.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.27196 of 2023
N.ANAND VENKATESH, J.
grs
W.P.No.27196 of 2023
15.09.2023
https://www.mhc.tn.gov.in/judis
