Madras High Court
M/S.Ascend Telecom Infrastructure vs The Superintendent Of Police on 12 July, 2023
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P No.20630 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.20630 of 2023
M/s.Ascend Telecom Infrastructure
Private Limited,
represented by its Authorized Signatory,
Mr.Tamilselvan ... Petitioner
vs.
1.The Superintendent of Police,
Tiruvarur.
2.The Inspector of Police,
Tiruvarur Taluk Police Station,
Tiruvarur Taluk, Tiruvarur District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to
provide effective police protection to the petitioner's company and its staff,
subordinate and to erect transmission cell phone tower in for the property
being a portion of land of 1200 sq.feet vacant land out of the property 160
sq.feet of land property at Thiruvarur Registration District, Thiruvarur Joint I
Sub Registration District, in the boundary of Thiruvarur District, Thiruvarur
Taluk, Thiruvarur Panchayat Union, Koodur Panchayat, Keezhakuthungi
Revenue Village, Koodur small village, S.F.No.56-34 (Old S.F.No.56-6)
https://www.mhc.tn.gov.in/judis
W.P No.20630 of 2023
registered as document No.4288/2012, sale deed dated 27.08.2012 based on
the complaint dated 14.06.2023 with C.S.R.No.456 of 2023.
For Petitioner : M/s.M.Karpagam
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This petition has been filed for a direction to the respondents to provide police protection to erect transmission Cell Phone Tower and to install all the telecommunication electrical & electronic equipments, OFC cable and its maintenance work on the said BTS transmission Tower at Thiruvarur Registration District, Thiruvarur Joint I Sub Registration District, in the boundary of Thiruvarur District, Thiruvarur Taluk, Thiruvarur Panchayat Union, Koodur Panchayat, Keezhakuthungi Revenue Village, Koodur small village, S.F.No.56-34 (Old S.F.No.56-6) registered as document No.4288/2012, sale deed dated 27.08.2012, the petitioner undertakes to pay necessary charges.
2.The case of the petitioner is that the petitioner is engaged in the business of providing broadband Internet services and other allied services 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 https://www.mhc.tn.gov.in/judis W.P No.20630 of 2023 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 14.06.2023 to the 2nd respondent Police to provide them with protection. However, the 2nd 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 https://www.mhc.tn.gov.in/judis W.P No.20630 of 2023 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 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 https://www.mhc.tn.gov.in/judis W.P No.20630 of 2023 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.For the reasons stated above, there shall be a direction to the 2nd respondent police to provide police protection to the petitioner for erection of the cell phone tower. The 2nd 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.
8.The Writ Petition is disposed of with the above direction. No costs.
12.07.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
https://www.mhc.tn.gov.in/judis
W.P No.20630 of 2023
Neutral Citation Case: Yes/No
mpa
N. ANAND VENKATESH, J.
mpa
To
1.The Superintendent of Police,
Tiruvarur.
2.The Inspector of Police,
Tiruvarur Taluk Police Station,
Tiruvarur Taluk, Tiruvarur District.
3.The Public Prosecutor,
High Court of Madras,
Chennai.
W.P No.20630 of 2023
https://www.mhc.tn.gov.in/judis
W.P No.20630 of 2023
12.07.2023
https://www.mhc.tn.gov.in/judis