Madras High Court
M/S.Ascend Telecom Infrastructure ... vs The Superintendent Of Police on 5 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.3887 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.3887 of 2025
and W.M.P.No.4306 of 2025
M/S.Ascend Telecom Infrastructure Private Limited
Rep By Its Authorized Signatory,
Tamilselvan ... Petitioner
Vs
1. The Superintendent of Police,
Tiruvallur.
2. The Inspector of Police,
Ponneri Police Station,
Tiruvallur. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of Writ of Mandamus, directing the
respondents to provide adequate police protection to the petitioner
company and its staff and subordinates to erect, commissioning of
equipments and to radiate the transmission tower at the lease site
ameasuring an extent of about 900 sq.ft out of 1800 sq.ft North Chennai
Registered in Ponneri SRO Thiruvallur, Ponneri Group Periyakavanam
Village, Govt Recognised CSR /D.T.C.P. M. 86/ 26 L.P. NO.101 Kamala
Nagar New Survey No.65/56 Plot No.97 Old Survey No.63/ 1A1A1,
Page 1 of 8
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W.P.No.3887 of 2025
63/2b Patta No. 6816, 1800 Sq.Ft out of 167.22 sq.m the same is
acquired by virtue of sale deed dated 01.10.2021, bearing Document
No.7652 of 2021.
For Petitioner : Mr.A.M.Venkata Krishnan
For Respondents : Mr.R.Vinothraja
Government Advocate (Crl.side)
ORDER
This Writ Petition has been filed for direction directing the
respondents to provide adequate police protection to the petitioner
company and its staff and subordinates to erect, commissioning of
equipments and to radiate the transmission tower at the lease site
ameasuring an extent of about 900 sq.ft out of 1800 sq.ft North Chennai
Registered in Ponneri SRO Thiruvallur, Ponneri Group Periyakavanam
Village, Govt Recognised CSR /D.T.C.P. M. 86/ 26 L.P. NO.101 Kamala
Nagar New Survey No.65/56 Plot No.97 Old Survey No.63/ 1A1A1,
63/2b Patta No. 6816, 1800 Sq.Ft out of 167.22 sq.m the same is
acquired by virtue of sale deed dated 01.10.2021, bearing Document
No.7652 of 2021.
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2. Heard the learned counsel on either side and perused the
materials available on record.
3. The case of the petitioner is that the petitioner is a licensed
telecom service incorporated under the Companies Act, 1956 providing
telecom services. For the said purpose, mobile 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 mobile 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.
4. When the petitioner attempted to erect the mobile 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 to the respondent Police
to provide them with protection. However, the respondent Police had not
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acted upon the said complaint and therefore, the present Writ Petition has
been filed.
5. The learned counsel appearing for the petitioner would
submit that the issue involved in this Writ 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.
6. 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
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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.”
7. 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
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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.
8. For the reasons stated above, there shall be a direction to the
respondent police to provide police protection to the petitioner for
erection of the cell phone tower. The respondent police shall ensure that
the entire process goes on in a smooth manner, without giving raise to
any law and order problem.
9. In view of the above, this Writ Petition petition is disposed
of. Consequently, connected Miscellaneous petition is closed. No costs.
05.02.2025
(1/3)
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
mn
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To
1. The Superintendent of Police,
Tiruvallur.
2. The Inspector of Police,
Ponneri Police Station,
Tiruvallur.
3. The Public Prosecutor,
High Court, Madras.
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G.K.ILANTHIRAIYAN. J,
mn
05.02.2025
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