Madras High Court
Indus Tower Limited vs The Superintendent Of Police on 4 March, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.7593 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.7593 of 2025
Indus Tower Limited,
Rep. by its Authorized Signatory Mr.Paridhi Arasu,
No.5, ESPEE IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai - 600 032. ... Petitioner
Vs.
1. The Superintendent of Police,
Namakkal District.
2. The Deputy Superintendent of Police,
Namakkal Range, Namakkal District.
3. The Inspector of Police,
Senthamangalam Police Station, Namakkal District.
4. The District Collector,
Namakkal District.
5. The Thasildar,
Senthamangalam Taluk, Namakkal District.
6. The Executive Officer,
Senthamangalam Town Panchayat,
Namakkal District. ... Respondents
Page 1 of 9
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W.P.No.7593 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution
praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to
provide necessary police protection to the petitioner for their mobile
phone tower works at the premises being about 4.25 Cents of vacant land
in G.R.No.S.F.No.92/290 in New S.F.No.182/4 of Senthamangalam
Village, Senthamangalam Taluk, Namakkal District on the representation
dated 01.08.2024 to the 3rd respondent in CSR No.271/2024 dated
01.08.2024 and direct the respondents 4 to 6 to render co-operation to the
respondents 1 to 3 in the matter.
For Petitioner : Mr.S.Anil Sandeep
For Respondents: Mr.A.Gopinath,
Govt. Advocate (Crl. Side)(for R1 to R3)
Mr.P.Balathandayutham,
Spl. Government Pleader (for R4 to R6)
ORDER
This petition has been filed for the issuance of a Writ of
mandamus, directing the respondents 1 to 3 to provide necessary police
protection to the petitioner for their mobile phone tower works at the
premises being about 4.25 Cents of vacant land in G.R.No.S.F.No.92/290
in New S.F.No.182/4 of Senthamangalam Village, Senthamangalam
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Taluk, Namakkal District on the representation dated 01.08.2024 to the
3rd respondent in CSR No.271/2024 dated 01.08.2024 and direct the
respondents 4 to 6 to render co-operation to the respondents 1 to 3 in the
matter.
2. The case of the petitioner is that the petitioner is engaged in
the business of Operation and Maintenance of Mobile phone towers
across India for all the mobile phone operators/service providers
providing broadband Internet services and other allied services. For the
said purpose, cell phone tower is 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,
some people with vested interest claiming to be neighbours have been
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causing hindrance and preventing the workers from carrying out the
construction work. In this regard, the petitioner claims to have given a
complaint to the 3rd respondent on 01.08.2024, seeking police protection.
However, the 3rd respondent 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
dt.28.06.2018.
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
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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.
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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 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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7. For the reasons stated above, there shall be a direction to the
3rd respondent police to provide police protection to the petitioner for
erection of the cell phone tower. The 3rd respondent police shall ensure
that the entire process goes on in a smooth manner, without giving raise
to any law and order problem.
8. This writ petition is disposed of with the above direction.
There shall be no order as to costs.
04.03.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
kv
To
1. The Superintendent of Police,
Namakkal District.
2. The Deputy Superintendent of Police,
Namakkal Range, Namakkal District.
3. The Inspector of Police,
Senthamangalam Police Station, Namakkal District.
4. The District Collector,
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Namakkal District.
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G.K.ILANTHIRAIYAN, J.
kv
5. The Thasildar,
Senthamangalam Taluk, Namakkal District.
6. The Executive Officer,
Senthamangalam Town Panchayat,
Namakkal District.
7. The Public Prosecutor,
High Court, Madras.
04.03.2025
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