Madras High Court
Atc Telecom Infrastructure Private ... vs The Superintendent Of Police on 29 July, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
W.P(MD)No.13071 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :29.07.2021
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
W.P(MD)No.13071 of 2021
ATC Telecom Infrastructure Private Limited,
Rep. by its Authorized Signatory,
Mr.N.Senathipathi, Legal Manger,
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 Superintendent of Police,
District Police Office,
Trichy, Trichy District.
2.The Inspector of Police,
B-5, Manikanda, Police Station,
Manigandam,
Trichy District.
3.The District Collector,
District Collector Office,
Trichy, Trichy District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to
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https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13071 of 2021
provide the effective police protection to the petitioner company to erect
transmission cell phone tower and to install all the telecommunication electrical
& electronics equipments, OFC Cable and its maintenance work on the said
BTS transmission Tower on the property of Mrs.R.Amalorpavam, W/o.S.A.Raj,
bearing Old S.No.436/1A, 437/1, R.S.No.163/1A, 164/1A and 164/11, lying
and situated at K.Kallikudi South Village, Srirangam Taluk, Trichy I & II Joint
SRO, Trichy District, as per the complaint dated 15.04.2021.
For Petitioner : Mr.K.Govindarajan
for Mr.M.Karal Marx
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This petition has been filed for issuing a Writ of Mandamus, to direct the respondents 1 and 2 to provide the effective police protection to the petitioner company to erect transmission cell phone tower and to install all the telecommunication electrical & electronics equipments, OFC Cable and its maintenance work on the said BTS transmission Tower on the property of Mrs.R.Amalorpavam, W/o.S.A.Raj, bearing Old S.No.436/1A, 437/1, R.S.No. 163/1A, 164/1A and 164/11, lying and situated at K.Kallikudi South Village, 2/9 https://www.mhc.tn.gov.in/judis/ W.P(MD)No.13071 of 2021 Srirangam Taluk, Trichy I & II Joint SRO, Trichy District, as per the complaint dated 15.04.2021.
2.In this writ petition, permission letter has already been sent to the District Collectors, 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 Transreceiver 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 3/9 https://www.mhc.tn.gov.in/judis/ W.P(MD)No.13071 of 2021 G.O.Ms.No.2 Dated: 1-04-2002
1) G.O.Ms.No.7, Information Technology department, dated 12.02.2001.
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.
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 4/9 https://www.mhc.tn.gov.in/judis/ W.P(MD)No.13071 of 2021 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 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 5/9 https://www.mhc.tn.gov.in/judis/ W.P(MD)No.13071 of 2021 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.
(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 District Collector is directed to process the application dated 05.03.2021 submitted by the petitioner within a month from 6/9 https://www.mhc.tn.gov.in/judis/ W.P(MD)No.13071 of 2021 the date of receipt of a copy of this order strictly in accordance with 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.
(iii) If such request or representation is made by the petitioner, the second respondent Inspector of Police are 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.
29.07.2021 Index:Yes/No Internet:Yes/No tta Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
7/9 https://www.mhc.tn.gov.in/judis/ W.P(MD)No.13071 of 2021 To:
1.The Superintendent of Police, District Police Office, Trichy, Trichy District.
2.The Inspector of Police, B-5, Manikanda, Police Station, Manigandam, Trichy District.
3.The District Collector, District Collector Office, Trichy, Trichy District.8/9
https://www.mhc.tn.gov.in/judis/ W.P(MD)No.13071 of 2021 G.ILANGOVAN. J.
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