Madras High Court
M/S.Indus Towers Limited vs The District Collector on 31 July, 2023
Author: D.Nagarjun
Bench: D.Nagarjun
W.P.(MD) No.17302 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.07.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN
W.P(MD) No.17302 of 2023
M/s.Indus Towers Limited,
No.5 (NP), Espee, IT Park,
V. Floor, Jawaharlal Nehru Road,
Ekkatuthangal,
Chennai 600 097,
represented by its Asst. Legal Manager,
S.Prasanna ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District.
2.The Superintendent of Police,
O/o. the Superintendent of Police,
Tirunelveli District.
3.The Inspector of Police,
Law and Order,
C1- Palayamkottai Police Station,
Tirunelveli District.
4.The Inspector of Police,
Law and Order, Valliyur Police Station,
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.17302 of 2023
Valliyur,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue Writ of Mandamus, to direct the 1st respondent to grant
permission to the petitioner by considering the petitioner's application dated
30.05.2022 for the premises comprised in S.No. 7/2, 11th Street, Shanthi Nagar,
Palayamkottai, Thirunelveli 627 002 measuring 550 sq.ft of land the application
dated 30.05.2022 for the premises comprised in S.No.348, patta No. 5299,
Kamarajar Nagar, North Valliyur, Radhapuram, Thirunelveli 627 117, measuring
1200 sq.ft of land for the phone tower erection and operation work of the
petitioner, in the light of the order passed by this Court in W.P.No. 12971/2020
and consequently direct the respondents 2 to 4 to provide necessary police
protection to the petitioner for their mobile phone tower erection and operation
work in the said premises.
For Petitioner : Mr.M.Ponniah
For Respondents : Mr.SS.Madhavan
Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed seeking for a direction to the respondents Police to provide effective police protection to the petitioner Company and its officers while erecting the transmission cell phone tower in the petition mentioned property.
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2.It is submitted by the learned counsel appearing for the petitioner Company that the petitioner Company is registered under the Companies Act, 1956 and is doing the business of telecom services, more particularly, maintenance of mobile towers. The petitioner is stated to have entered into a lease agreement with one Joshua Stephen Chellakumar and Poomari and others on 15.02.2023 and 28.02.2023 in respect of the petition mentioned property for laying down the towers after obtaining appropriate approval from SACFA by paying necessary fees.
3. It is submitted by the learned counsel appearing for the petitioner that the petitioner Company has already obtained permission from the State Government for erection and installation of mobile towers. The petitioner Company has also filed the copies of the documents in G.O.Ms.No.302, Housing and Urban Department, dated 12.12.2012 and G.O.Ms.No.177, Municipal Administration and Water Supply Department, dated 17.12.2002 and other connected documents. The petitioner Company is stated to have came into possession of piece of land as per the agreement with the said Joshua Stephen Chellakumar and Poomari and others. While so, some unknown persons prevented the petitioner Company from 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17302 of 2023 performing their duties in erecting the mobile towers. Hence, the petitioner Company has made a complaint to the Police by a registered post on 24.05.2023 to provide police protection.
4.The learned counsel appearing for the petitioner Company has taken this Court into the order passed by this Court in W.P(MD).No.18422 of 2023 on 21.06.2023, wherein, police protection was given to the petitioner therein for erection of cell phone tower. The petitioner has also filed a copy of the order passed in W.P(MD).No.28272 of 2022 dated 03.02.2023 of this Bench, wherein, this Court has directed the Police to provide police protection to the petitioner therein for erection of cell phone tower.
5.The learned Government Advocate (criminal side) appearing for the respondents Police submits that if the petitioner company has followed all the required procedure, police would provide protection as sought for.
6.There is no record as to why the persons have been raising objections for installation of cell phone towers. There is no scientific data available that the 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17302 of 2023 telephone tower will emanate some waves which are health hazardous to people of that area. Cell towers are being installed every where not only in this country but also in other countries as well, if at all in any corner of this globe if any research is found that erection of cell towers cause health hazard, then it can certainly considered. But there is no such data. The persons who have been raising objections must also be using the mobile phones and enjoying the revolution in the filed of Telecommunication.
7. Considering the same, this Writ Petition is disposed of directing the officers of the respondents police to provide suitable protection to the petitioner company while erecting the cell phone transmission towers. There shall be no order as to costs. There shall be no order as to costs.
31.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
mm
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W.P.(MD) No.17302 of 2023
To
1.The District Collector,
Tirunelveli District.
2.The Superintendent of Police,
O/o. the Superintendent of Police,
Tirunelveli District.
3.The Inspector of Police,
Law and Order, C1- Palayamkottai Police Station, Tirunelveli District.
4.The Inspector of Police, Law and Order, Valliyur Police Station, Valliyur, Tirunelveli District.
6/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17302 of 2023 DR.D.NAGARJUN,J mm W.P.(MD)No.17302 of 2023 Dated: 31.07.2023 7/7 https://www.mhc.tn.gov.in/judis