Madras High Court
Atc Telecom Infrastructure Pvt Ltd vs The Inspector Of Police(Law & Order) on 18 September, 2018
Author: P. Rajamanickam
Bench: P. Rajamanickam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2018
CORAM
THE HONOURABLE MR.JUSTICE P. RAJAMANICKAM
Crl.OP No.22013 of 2018
ATC Telecom Infrastructure Pvt Ltd,
Rep. by Authorised Signatory,
Mr.N.Senathipathi,
No.45, Celestial Point, Damodharan Street,
3rd Floor, T.Nagar,
Chennai - 600 017. ..Petitioner
Vs
1. The Inspector of Police(Law & Order),
Minjur Police Station,
Tiruvallur District.
2. The Deputy Superintendent of Police,
District Police Office, Chinna Ekkadu,
Jaya Nagar, Tiruvallur,
Tamil Nadu - 602 001.
3. The Superintendent of Police,
District Police Office,
Chinna Ekkadu,
Jaya Nagar, Tiruvallur,
Tamil Nadu - 602 001. ..Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C, praying to direct the respondent police to provide effective police protection to the petitioner's company to fully complete the installation of transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, cables at S.F.No.472/2, New S.F.No.472/2A1M, Patta No.3899, Plot No.73, Ponneri Sub Registrar Office, Tiruvallur District, North Chennai Registration District on the basis of the complaint dated 18.07.2018 vide CSR No.20.07.2018.
For Petitioner : Mr.J.Ravikumar
For Respondents : Ms.M.Prabhavathi
Additional Public Prosecutor
O R D E R
This petition has been filed by the petitioner to direct the respondents to provide police protection for installing transmission cell phone tower and telecommunication electrical and electronic equipments, cables at S.F.No.472/2, New S.F.No.472/2A1M, Patta No.3899, Plot No.73, Ponneri Sub Registrar Office, Tiruvallur District, North Chennai Registration District on the basis of the complaint given by the petitioner dated 18.07.2018.
2. Heard, the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned counsel for the petitioner relying upon the decision of this Court in Crl.O.P.(MD) No.6885 and 6895 of 2015 dated 15.04.2015, has submitted that the petitioner is entitled to get police protection for installing cell phone tower. He further submitted that the petitioner had already obtained necessary permissions from the concerned owner and also with the concerned authorities and when the petitioner tried to install the cell phone tower, some miscreants interfered and not allowed the petitioner to install cell phone tower and hence the petitioner has submitted a representation before the first respondent, but, so far no action has been taken.
4. The learned Additional Public Prosecutor has submitted that since some of the local people have raised objections, the third respondent has not taken any steps on the representation submitted by the petitioner.
5. This Court in Crl.O.P.(MD) No.6885 and 6895 of 2015 dated 15.04.2015 in paragraph No.5 of the order has observed as follows:
"5.The law regarding establishment of cellphone towers has already been dealt with in the judgments referred supra. In the absence of any illegality or unlawful activities, no one can interefere with the lawful activities of a person concerned. If there is any objection for construction and erection of cellphone towers, the objectors will have to workout their remedy in the manner known to law instead of preventing the persons concerned from putting up construction, which they are legally entitled to do so."
6. In view of the aforesaid decision, the third respondent is directed to provide adequate police protection to the petitioner for installing cell phone towers and telecommunication, electrical and electronic equipments, cables in the aforesaid property.
7. With the aforesaid observations and directions, these petitions are disposed of. 18.09.2018 Index : Yes/No Internet : Yes/No dh To
1. The Inspector of Police(Law & Order), Minjur Police Station, Tiruvallur District.
2. The Deputy Superintendent of Police, District Police Office, Chinna Ekkadu, Jaya Nagar, Tiruvallur, Tamil Nadu - 602 001.
3. The Superintendent of Police, District Police Office, Chinna Ekkadu, Jaya Nagar, Tiruvallur, Tamil Nadu - 602 001.
4. The Public Prosecutor High Court, Madras.
P. RAJAMANICKAM.J., dh Crl.OP No.22013 of 2018 18.09.2018