Madras High Court
M/S.Tower Vision India Private Ltd vs The Superintendent Of Police on 18 July, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.21165 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.21165 of 2023
M/s.Tower Vision India Private Ltd.,
rep. By its Authorized Signatory
R.M.Nagappan – Circle Head,
Having Office at Basement No.28,
AMG Tower, Lawyer Jagannathan Street,
Alandur, Chennai – 16. ...Petitioner
Vs
1.The Superintendent of Police,
Thiruvarur District.
2.The Inspector of Police,
Thiruvarur District Police Station,
Thiruvarur – 610 001. ... Respondents
PRAYER : Writ Petition filed under Article 226 of The Constitution of
India praying to issue a Writ of Mandamus to direct the respondents to
provide effective police protection to the petitioner company's personnel,
vendors and contractors for installation of cell phone towers in respect of
work site bearing property T.S.No.552/1A, Ward 3, Block No.14, Sri Guru
Nagar Plots Division, Vijayapuram Circle, Vinmeenagapuram Village, Guru
Nagar, Plot No.C1 Thiruvarur Nagaratchi, Thiruvarur Taluk, Thiruvarur
District, Sub Registrar, Thiruvarur, Nagapattinam Registration, Thiruvarur
610 001 based on the complaint dated 20.06.2023.
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https://www.mhc.tn.gov.in/judis
Writ Petition No.21165 of 2023
For Petitioner : Mr.A.M.Amutha Ganesh
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
*****
ORDER
This writ petition has been filed for a direction to the respondents to provide effective police protection to the petitioner company's personnel, vendors and contractors for installation of cell phone towers in respect of work site bearing property T.S.No.552/1A, Ward 3, Block No.14, Sri Guru Nagar Plots Division, Vijayapuram Circle, Vinmeenagapuram Village, Guru Nagar, Plot No.C1 Thiruvarur Nagaratchi, Thiruvarur Taluk, Thiruvarur District, Sub Registrar, Thiruvarur, Nagapattinam Registration, Thiruvarur 610 001 based on the complaint dated 20.06.2023.
2. The case of the petitioner is that the petitioner is engaged in the business of providing telecom services viz., broadband Internet services and other allied services. For the said purpose, cell phone towers are 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 2/6 https://www.mhc.tn.gov.in/judis Writ Petition No.21165 of 2023 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 complaint dated 20.06.2023 to the second respondent Police to provide them with protection. However, the second respondent Police had not acted upon the said complaint and therefore, the present petition has been filed.
4. Learned counsel appearing for 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.
5. It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018 and the same is extracted hereunder:-
“2.The learned counsel for the petitioner would submit 3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.21165 of 2023 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 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 4/6 https://www.mhc.tn.gov.in/judis Writ Petition No.21165 of 2023 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 second respondent police to provide police protection to the petitioner for erection of the cell phone tower. The second 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.
The Writ Petition is disposed of with the above direction. No Costs.
18.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm 5/6 https://www.mhc.tn.gov.in/judis Writ Petition No.21165 of 2023 N.ANAND VENKATESH, J gm To
1.The Superintendent of Police, Thiruvarur District.
2.The Inspector of Police, Thiruvarur District Police Station, Thiruvarur – 610 001.
3.The Public Prosecutor, High Court, Madras.
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