Madras High Court
M/S. Atc Telecom Infrastructure ... vs The Superintendant Of Police on 2 November, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
W.P(MD).No.19786 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 02.11.2021
CORAM
The Hon`ble Mr. Justice G.ILANGOVAN
W.P(MD).No.19786 of 2021
M/s. ATC Telecom Infrastructure Private Limited,
rep. By its Authorized Signatory,
Mr.N. Senthipathi. Legal Manager
Having Circle Office at “ Celestial Point”
No.45, Damodharan Street,
Opposite to T.Nagar Bus Stand,
T.Nagar, Chennai – 600 017. ... Petitioner
Vs
1.The Superintendant of Police,
District Police Office,
Virudhunagar, Virudhunagar District.
2.The Inspector of Police,
Kariapatti Police Station,
Kariapatti,
Virudhunagar District.
3.The District Collector,
District Collector Office,
Virudhunagar,
Virudhunagar District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus directing the respondents 1 and 2 to provide
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W.P(MD).No.19786 of 2021
the effective police protection to the petitioner company to erect
transmission cell phone tower and to install all the telecommunication
electrical and electronics equipment, OFC Cable and its maintenance work
on the said BTS transmission Tower on the property of Mrs. N.
Solaiyammal, W/o. Nalaboopathi, bearing Old.S.No.37/7, R.S.N.37/7A,
New. S.No.37/7A1A1A, lying and situtated at Kariapatti SRO,
Karisalkulam Village, Virudhunagar District as per the complaint dated
05.10.2021.
For Petitioner : Mr.K. Govindarajan
for M/s.M. Karal Marx
For Respondents : Mr. RM.Anbunithi
Additional Public Prosecutor
ORDER
This petition is filed seeking police protection to the petitioner company to erect transmission cell phone tower and to install all the telecommunication electrical and electronics equipment, OFC Cable and its maintenance work on the said BTS transmission Tower on the property of Mrs. N. Solaiyammal, W/o. Nalaboopathi, bearing Old.S.No.37/7, R.S.N.37/7A, New. S.No.37/7A1A1A, lying and situtated at Kariapatti SRO, Karisalkulam Village, Virudhunagar District as per the complaint dated 05.10.2021.
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2.In this writ petition, permission letter has already been sent to the District Collector, which was not processed till the disposal of this writ petition.
3.Heard both sides and perused the materials placed on record.
4.In respect to the installation of cell phone tower, the Government issued G.O(MS) No.2, Information Technology Department dated 01.04.2002. This is the base and ground Government Order. The said Government Order reads as under:-
ABSTRACT Information Technology - Setting up of Base Transceivers Station lowers and installation of equipment for telecommunication - networks - Leasing of space in government offices on a non-exclusive basis to any licenced telecom company on certain prescribed terms and conditions Orders-Issued.
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INFORMATION TECHNOLOGY DEPARTMENT G.O.Ms.No.2 Dated: 1-04-2002
1) G.O.Ms.No.7, Information Technology department, dated 12.02.2001.
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2) From Tvl Reliance Infocom Limited, Chennai, letter Ref.No.2375/IT/2001- 02, dated 29.1.2002.
ORDER:
In the G.O first read above, consolidated policy guidelines were issued specifying terms and conditions for the grant of centralised permission for the use ?of public right of wav by any private or public sector applicant that proposes to lay optic fibre cables in the National and State Highways and other roads in Tamil Nadu.
2. Tvl. Reliance Infocom Limited, who have been given centralised permission to lay optic fibre cables in Tamil Nadu, have indicated that in order to maximise the coverage throughout the State, permission is required for renting / leasing out Government land / Government buildings for putting up Base Transreceiver Station Towers (BTS Towers) at technically feasible locations. The company has also requested the Government to grant exemption to it from observing side set back rules of Chennai Metropolitan Development Authority / Directorate of Town and Country Planning for the BTS towers which are only temporary structures and to apply the rules only in the cases of construction of buildings for BTS equipment room, Diesel Generator Set room etc. https://www.mhc.tn.gov.in/judis 4/10 W.P(MD).No.19786 of 2021
3. The Government after careful consideration and detailed examination, have decided to issue general permission to any licenced telecom company providing infocom service's to the end users, on a non-exclusive basis subject to certain terms and conditions.
4. Accordingly, the Government hereby accord permission to any licenced telecom company and which is committed to the cause of Government of Tamil Nadu to install its Base Stations consisting of Tower equipment room and generator room, on roof top or on the ground of premises and buildings belonging to Government of Tamil Nadu, subject to availability and technical feasibility on a non-exclusive basis and also subject to the following terms and conditions:-
i) Permission for installing lowers, equipment and generator etc., on case to case basis will be issued by the district Collectors concerned in consultation with the district is concerned,
ii) Availability of space of 4.5 Mts x 4,5 Mts.
iii) Technical feasibility - Building should be structurally strong to take a load of 3.5 MT to 6.0 MT depending on the height of tower.
iv)A . Telecom company providing infocom services and is desirous of utilising the Government premises / buildings for installing the base stations, should comply with all the https://www.mhc.tn.gov.in/judis 5/10 W.P(MD).No.19786 of 2021 regulations and stipulations including that of the Ministry of Civil Aviation, Government of India, in installation of the Base stations. All clearances / permissions, required in the process of establishing the base stations are to be obtained by such company.
v) Permission may be given on non-exclusive basis.
vi) The future extension / expansion of building /premises may be kept in mind,
vii) Permission may be granted initially for a period of 10 (ten) years.
viii) Damages caused, if any, shall be rectified by such company and bring back to original condition and to the satisfaction of the authorities concerned.
ix) Leasing of the premises or buildings to such company should not be detrimental to the daily routine and activities of the Office or Offices concerned.
x) Appropriate rent shall be charged from such company.
xi) Exemption shall be given to the telecom companies from side set back rules of Chennai Metropolitan Development Authority / Directorate of Town and Country Planning for the BTS Towers and the said rules shall be applicable only to the construction of buildings.
5. This order issues with the concurrence of Housing & Urban development, Revenue and Public Works departments.
https://www.mhc.tn.gov.in/judis 6/10 W.P(MD).No.19786 of 2021 (BY ORDER OF THE GOVERNOR) VTVEK HARINARAIN SECRETARY TO GOVERNMENT
5.The issue involved in the present writ petition is covered by the order of this Court, dated 21.05.2021, passed in W.P.(MD)Nos.4714, 4720, etc. batch in the case of M/s.Indus Towers Limited Vs The Superintendent of Police, District Police Office, Thanjavur and another.
The above G.O was much applicable to private buildings or lands that G.O.M.S.No.177, Municipal Administration and Water Supply Department dated 17.12.2012.
6.In view of the order passed by this Court in W.P.(MD)Nos.
4714, 4720, etc. batch, dated 21.05.2021, this Writ Petition is disposed of with the following directions:-
(i) The third respondent/the District Collector, District Collector Office, Virudhunagar, Virudhunagar District is directed to process the application dated 05.10.2021 submitted by the petitioner within a month from the date of receipt of a copy of this order strictly in accordance with https://www.mhc.tn.gov.in/judis 7/10 W.P(MD).No.19786 of 2021 the guidelines issued in the aforesaid Government order and subsequent orders and letters etc.
(ii) The result must be intimated to the petitioner within a week thereafter.
(iii) Depending upon the out come of the application, the petitioner is at liberty to make proper fresh representation seeking police protection, if any necessity arises mentioning the facts, circumstances and necessity.
(iv) If such request or representation is made by the petitioner, the second respondent /the Inspector of Police, Kariapatti Police Station, Kariapatti, Virudhunagar District, is hereby directed to consider the same on merits and give police protection, if permission is granted by the District Collector for installing mobile phone towers in the area, immediately as mentioned in this petition. No costs.
02.11.2021 trp Index : Yes / No Internet: yes / No https://www.mhc.tn.gov.in/judis 8/10 W.P(MD).No.19786 of 2021 To
1.The Superintendant of Police, District Police Office, Virudhunagar, Virudhunagar District.
2.The Inspector of Police, Kariapatti Police Station, Kariapatti, Virudhunagar District.
3.The District Collector, District Collector Office, Virudhunagar, Virudhunagar District.
https://www.mhc.tn.gov.in/judis 9/10 W.P(MD).No.19786 of 2021 G.ILANGOVAN,J TRP W.P(MD).No.19786 of 2021 02.11.2021 https://www.mhc.tn.gov.in/judis 10/10