Madras High Court
M/S.Atc Telecom Infrastructure P Ltd vs The Superintendent Of Police on 5 July, 2019
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2019
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.17699 of 2019
M/s.ATC Telecom Infrastructure P Ltd.,
Represented by Deputy Manager Legal,
"Celestial Point' No.45, Damodharan Street,
Opposite to T.Nagar Bus Stand, T.Nagar,
Chennai 600 017 ...Petitioner
-Vs-
1. The Superintendent of Police,
District Police Office, South Chennai,
Tamil Nadu.
2. The Deputy Superintendent of Police,
District Police Office, South Chennai.
3. The Inspector of Police (Law and Order),
S6 Sankar Nagar Police Station,
Pallavaram, Chennai South. ... Respondents
Prayer: Criminal Original petition filed under Section 482 of Code of
Criminal Procedure, to direct the respondent police to 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 landed property having an area of 900 (30 x 30) Sq.Ft
out or the total land situated / comprised in S.F.No.302 /11, Old
S.F.No.16/1 Part, Door No.4/62, Mallima Nagar, Polichalur Village,
http://www.judis.nic.in
2
pallavaram Taluk, Pammal SRO, South Chennai Registration District,
Kancheepuram District - 600 074 on the basis of the complaint dated
07.05.2019 vide CSR No.355 of 2019 dated 17.05.2019.
For Petitioner : Mr.J.Ravi Kumar
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original petition has been filed seeking for a direction to the respondent police to 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 landed property having an area of 900 (30 x 30) Sq.Ft out or the total land situated / comprised in S.F.No.302 /11, Old S.F.No.16/1 Part, Door No.4/62, Mallima Nagar, Polichalur Village, pallavaram Taluk, Pammal SRO, South Chennai Registration District, Kancheepuram District - 600 074 on the basis of the complaint dated 07.05.2019 vide CSR No.355 of 2019 dated 17.05.2019.
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 http://www.judis.nic.in 3 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, 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 07.05.2019 to the respondents to provide them with protection. However, the respondent Police had not acted upon the said complaint and therefore, the present Criminal Original 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. http://www.judis.nic.in 4
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 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 http://www.judis.nic.in same, the respondent is directed to consider the 5 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.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 1st and 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. http://www.judis.nic.in 6
8.The Criminal Original Petition is disposed of with the above direction.
05.07.2019
Index : Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
rka
http://www.judis.nic.in
7
N.ANAND VENKATESH, J
rka
To
1. The Superintendent of Police,
District Police Office, South Chennai, Tamil Nadu.
2. The Deputy Superintendent of Police, District Police Office, South Chennai.
3. The Inspector of Police (Law and Order), S6 Sankar Nagar Police Station, Pallavaram, Chennai South.
4.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.17699 of 2019
05.07.2019 http://www.judis.nic.in