Madras High Court
Indus Towers Limited vs The District Collector on 26 February, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.4432 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.4432 of 2024
Indus Towers Limited
represented by its Authorized Signatory
Mr.S.Prasanna
No.5, ESPEE IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai - 600 097. ... Petitioner
Vs.
1.The District Collector,
Collectorate,
GST Road,
Chengalpattu - 603 001.
2.The Superintendent of Police Office,
Hospital Road, Bypass Road,
Chengalpattu - 603 002.
3.The Office of the Deputy Superintendent of Police,
VOC Nagar, Ammanambakkam, Chengalpattu,
Tamil Nadu - 603 001.
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Writ Petition No.4432 of 2024
4.The Inspector of Police,
Madhuranthagam Police Station,
Hospital Road, Madhuranthagam,
Tamil Nadu 607 306.
5.The Inspector of Police,
Pallavaram Police Station,
Pallavaram, Tamil Nadu - 600 043.
6.The Inspector of Police,
Thiruvporur Police Station,
Rajiv Gandhi Salai, Thiruporur,
Tamil Nadu - 600 110.
7.The Inspector of Police,
H2 Guduvancheri Police Station,
Tamil Nadu - 603 202. ...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, directing the respondents 2 to 7
to provide necessary, effective police protection to the petitioner for
installing the cell phone towers falling within the District administration of
Chengalpattu and within the jurisdiction of the second respondent and
prevent any hindrances and obstacles from any third parties, groups, mobs.
For Petitioner : Ms.P.Elakkiya
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
*****
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Writ Petition No.4432 of 2024
ORDER
This writ petition has been filed for a direction directing the respondents 2 to 7 to provide necessary, effective police protection to the petitioner for installing the cell phone towers falling within the district administration of Chengalpattu and within the jurisdiction of the second respondent and prevent any hindrances and obstacles from any third parties, groups, mobs.
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 Telecom companies to install the cell phone towers by virtue of Government Order passed in G.O.Ms.No.2, dated 01.04.2002.
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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 complaints dated 19th, 20th, 21st and 25th April 2023 to the respondents to provide them with protection. Since no action has been taken, 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 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 4/12 https://www.mhc.tn.gov.in/judis Writ Petition No.4432 of 2024 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 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.5/12
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7. For the reasons stated above, there shall be a direction to the respondents 2 to 7 to provide police protection to the petitioner for erection of the cell phone tower. The respondents 2 to 7 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. If there is any difficulty for the petitioner in getting the police protection from the respondent police, it is left open to the petitioner to approach the Superintendent of Police and bring to the notice of the Superintendent of Police the order passed in this petition.
The Writ Petition is disposed of with the above direction. No Costs.
26.02.2024 Index : Yes/No Speaking order: Yes/No Neutral Citation : Yes/No gm 6/12 https://www.mhc.tn.gov.in/judis Writ Petition No.4432 of 2024 To
1.The District Collector, Collectorate, GST Road, Chengalpattu - 603 001.
2.The Superintendent of Police Office, Hospital Road, Bypass Road, Chengalpattu - 603 002.
3.The Office of the Deputy Superintendent of Police, VOC Nagar, Ammanambakkam, Chengalpattu, Tamil Nadu - 603 001.
4.The Inspector of Police, Madhuranthagam Police Station, Hospital Road, Madhuranthagam, Tamil Nadu 607 306.
5.The Inspector of Police, Pallavaram Police Station, Pallavaram, Tamil Nadu - 600 043.
6.The Inspector of Police, Thiruvporur Police Station, Rajiv Gandhi Salai, Thiruporur, Tamil Nadu - 600 110.
7.The Inspector of Police, H2 Guduvancheri Police Station, Tamil Nadu - 603 202.
8.The Public Prosecutor, High Court of Madras.
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Today this matter was posted under the caption 'for being mentioned' based on the ground that there is absolutely no indication in the order dated 26.02.2024 giving the details of the site where the cellphone tower is going to be erected.
2.In view of the same, paragraph No.7 of the order dated 26.02.2024 in W.P.No.4432 of 2024 shall read as follows:
“7.For the reasons stated above, there shall be a direction to the respondents 2 to 7 to provide police protection to the petitioner for erection of the cell phone tower at 240/2, Selliamman Koil Street, 114, Thandalam Village, Thiruporur, Chengalpattu – 603 110. (IN – 3152489) in Thiruporur Village; at S.No.15/3C, 143, Karunguzhi Gramam, Mathuranthagam – 603 9/12 https://www.mhc.tn.gov.in/judis Writ Petition No.4432 of 2024
303. (IN – 3167755) in Mathuranthagam Village; at Patta No.2683, 64/4, Zamen Pallavaram, Pallavaram, Chengalpattu. (IN – 3166824) at Keelkattalai Village; at S.No.392/1FA1A1A, Plot No.68B, Ragavendra Nagar, Kayarambedu, Guduvanchery, Chengalpattu – 603 202. (IN – 3158459) in Guduvancherry Village. The respondents 2 to 7 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. If there is any difficulty for the petitioner in getting the police protection from the respondent police, it is left open to the petitioner to approach the Superintendent of Police and bring to the notice of the Superintendent of Police the order passed in this petition.”
3.The Registry is directed to carry out the amendment and issue a 10/12 https://www.mhc.tn.gov.in/judis Writ Petition No.4432 of 2024 fresh order copy.
24.04.2024 (1/3) krk N.ANAND VENKATESH, J.
krk W.P.No.4432 of 2024 11/12 https://www.mhc.tn.gov.in/judis Writ Petition No.4432 of 2024 24.04.2024 (1/3) 12/12 https://www.mhc.tn.gov.in/judis