Madras High Court
Atc Telecom Infrastructure Pvt.Ltd vs The District Collector on 22 June, 2021
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.12821 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P. No.12821 of 2021
ATC Telecom Infrastructure Pvt.Ltd.,
Represented by Authorized Signatory
N.Senathipathi,
“Celestial Point”, No.45, Damodharan Street,
T.Nagar, Chennai – 600 017. ... Petitioner
Versus
1.The District Collector,
Collectorate,
District Collector Office,
Namakkal - 637003.
2.The Superintendent of Police,
District Police Office,
Namakkal - 637003.
3.The State,
Rep.by Inspector of Police (Law & Order),
Paramathi Police Station,
Paramathi,
Namakkal District - 637207. ...Respondents
https://www.mhc.tn.gov.in/judis/
Page No.1 of 9
Crl.O.P.No.12821 of 2021
Writ Petition filed under Article 226 Constitution of India, to issue
Writ of Mandamus, to direct the respondents 2 to 3, to forthwith provide
effective police protection to the petitioner's company to fully complete the
erection of transmission cell phone tower and to install all the
telecommunication electrical and electronic equipments, cables at the open
land admeasuring about 1200 sq.ft (30 x 40) out of the total land measuring
about more or less 1755 Sq.ft. or 163.04 Sq. Meter, Situated and or
comprised in Survey No.26/2, Re-Survey No.276/20, lying and situated at
Pothanur Village, Velur SRO, Namakkal Registration District, Namakkal
District, on the basis of the complaint filed by the petitioner dated
10.05.2021, since the deemed permission to install the BTS transmission
Tower was granted by the first respondent as per the G.O.(Ms).No.1,
Information Technology (B4) Department dated 21.02.2018, by
implementing the Indian Telegraph Right of way Rules, 2016, notified by
the Government of India, Ministry of Communications, Department of
Telecommunication vide No.G.S.R.1070(E), dated 15.11.2016.
For Petitioner : Mr.J.Ravikumar
For Respondents : Mr.A.Damodharan
Government Advocate (Crl.side)
ORDER
This petition has been filed for the issuance of a Writ of mandamus, to direct the respondents 2 to 3, to forthwith provide effective police protection to the petitioner's company to fully complete the erection of https://www.mhc.tn.gov.in/judis/ Page No.2 of 9 Crl.O.P.No.12821 of 2021 transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, cables at the open land admeasuring about 1200 sq.ft (30 x 40) out of the total land measuring about more or less 1755 Sq.ft. or 163.04 Sq. Meter, Situated and or comprised in Survey No.26/2, Re-Survey No.276/20, lying and situated at Pothanur Village, Velur SRO, Namakkal Registration District, Namakkal District, on the basis of the complaint filed by the petitioner dated 10.05.2021, since the deemed permission to install the BTS transmission Tower was granted by the first respondent as per the G.O.(Ms).No.1, Information Technology (B4) Department dated 21.02.2018, by implementing the Indian Telegraph Right of way Rules, 2016, notified by the Government of India, Ministry of Communications, Department of Telecommunication vide No.G.S.R.1070(E), dated 15.11.2016.
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 https://www.mhc.tn.gov.in/judis/ Page No.3 of 9 Crl.O.P.No.12821 of 2021 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 causing hindrance and preventing the workers from carrying out the construction work. In this regard, the petitioner gave a complaint to the 3rd respondent on 10.05.2021, 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 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:-
https://www.mhc.tn.gov.in/judis/ Page No.4 of 9 Crl.O.P.No.12821 of 2021 “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 https://www.mhc.tn.gov.in/judis/ Page No.5 of 9 Crl.O.P.No.12821 of 2021 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.
7.It is submitted by the learned counsel for the petitioner that the petitioner has wrongly given the representation before the third respondent/police, Paramathi Police Station, Namakkal and the jurisdiction comes under Velur Police Station, Namakkal. Hence, this Court directs the petitioner to give fresh complaint to the Velur Police Station and thereafter, the Velur Police Station is directed to take the complaint of the petitioner.
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8.For the reasons stated above, there shall be a direction to the Inspector of Police, Velur Police Station, Namakkal, to provide police protection to the petitioner for erection of the cell phone tower. The Inspector of Police, Velur Police Station, Namakkal, shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
9.This writ petition is disposed of with the above direction. No costs.
10.Registry is directed to mark the copy of this order to the Inspector of Police, Velur Police Station, Namakkal.
22.06.2021 Index: Yes/No Internet: Yes/No klt https://www.mhc.tn.gov.in/judis/ Page No.7 of 9 Crl.O.P.No.12821 of 2021 To
1.The District Collector, Collectorate, District Collector Office, Namakkal - 637003.
2.The Superintendent of Police, District Police Office, Namakkal - 637003.
3.The Inspector of Police (Law & Order), Paramathi Police Station, Paramathi, Namakkal District - 637207.
4.The Public Prosecutor, High Court, Madras.
Copy to:
The Inspector of Police, Velur Police Station, Velur, Namakkal.
https://www.mhc.tn.gov.in/judis/ Page No.8 of 9 Crl.O.P.No.12821 of 2021 M.NIRMAL KUMAR, J.
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