Madras High Court
M/S.Indus Towers Limited vs The Superintendent Of Police on 13 August, 2019
Author: V.Bharathidasan
Bench: V.Bharathidasan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE: 13.08.2019
CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.(MD)Nos.16353, 16363, 16369, 16366 & 16379 of 2019
W.P.(MD)No. 16353 of 2019
M/s.Indus Towers Limited,
having its circle office at 5 (NP), ESPEE, IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai-600 097.
represented by its Assistant Legal Manager,
S.Prasanna. ... Petitioner
Vs.
1.The Superintendent of Police,
District Police Office, Tirunelveli.
2.The Inspector of Police,
Vikramasingapuram Police Station,
Tirunelveli. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, to direct the respondents herein
to provide the effective police protection to the petitioner's 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 at
Tirunelveli District, Vickramasingapuram Part-I, Natham Survey No.
270/3 in New Natham Survey No.1198/13 & 1198/14 on Northern
side, Vickramasingapuram Village, Ward No.15, Kottaivilaipatti Road
measuring 453.60 Sq.meter of vacant land.
W.P.(MD)No. 16363 of 2019
M/s.Indus Towers Limited,
http://www.judis.nic.in
having its circle office at 5 (NP), ESPEE, IT Park,
2
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai-600 097.
represented by its Assistant Legal Manager,
S.Prasanna. ... Petitioner
Vs.
1.The Superintendent of Police,
District Police Office, Thanjavur.
2.The Inspector of Police,
Tamil University Police Station,
Thanjavur. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, to direct the respondents herein
to provide the effective police protection to the petitioner's 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 at
Thanjavur District, Thanjavur Taluk, Nanjilkottai Vattam, Nanjilkottai
Village, “Annai Mariyal Nagar” in Plot No.46 measuring 2400 Sq.feet
of land. The said property in the limit of Survey No.195/6,
Nanjilkottai Panchayat & Door No.14, Anbu Nagar, Madhakottai
Road. The said property presently subdivided in New S.F.No.
195/15B1.
W.P.(MD)No.16369 of 2019
M/s.Indus Towers Limited,
having its circle office at 5 (NP), ESPEE, IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai-600 097.
represented by its Assistant Legal Manager,
S.Prasanna. ... Petitioner
Vs.
1.The Superintendent of Police,
District Police Office, Sivagangai.
http://www.judis.nic.in
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2.The Inspector of Police,
Devakkottai Town Police Station,
Sivagangai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, to direct the respondents herein
to provide the effective police protection to the petitioner's 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 at
Sivagangai District, Devakottai Municipal Town, Before Warn No.3,
presently Ward No.4, Pudhur Edaiyar, Town Survey Ward No.B, Block
No.1, Town Survey No.148 in plot No.11.
W.P.(MD)No.16366 of 2019
M/s.Indus Towers Limited,
having its circle office at 5 (NP), ESPEE, IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai-600 097.
represented by its Assistant Legal Manager,
S.Prasanna. ... Petitioner
Vs.
1.The Superintendent of Police,
District Police Office, Thanjavur.
2.The Inspector of Police,
Kumbakonam Taluk Police Station,
Thanjavur. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, to direct the respondents herein
to provide the effective police protection to the petitioner's 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 at
Thanjavur District, Kumbakonam Taluk, Dharasuram Vattam,
http://www.judis.nic.in
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Elumichangapalayam, East Street, Punjay S.F.No.193/11, Door No.94.
The said property in the limit of Dharasuram Town Panchayat.
W.P.(MD)No.16379 of 2019
M/s.Indus Towers Limited,
having its circle office at 5 (NP), ESPEE, IT Park,
5th Floor, Jawaharlal Nehru Road,
Ekkatuthangal, Chennai-600 097.
represented by its Assistant Legal Manager,
S.Prasanna. ... Petitioner
Vs.
1.The Superintendent of Police,
District Police Office, Thanjavur.
2.The Inspector of Police,
Kumbakonam Taluk Police Station,
Thanjavur. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, to direct the respondents herein
to provide the effective police protection to the petitioner's 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 at
Thanjavur District, Kumbakonam Taluk, Koranattukaruppur Vattam,
Koranattukaruppur Village, Punjay Resurvey No.189/1 Jayasri Nagar,
Poombukhar Road, an extent of measuring Act.0.17 Cents of land
belongs to Mr.J.Seransengutavan.
For Petitioner : Mr.S.Ravi,
(in all W.Ps.) for Mr.K.Govindarajan
For Respondents : Mr.K.K.Ramakrishnan
(in all W.Ps.) Additional Public Prosecutor
http://www.judis.nic.in
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COMMON ORDER
These Writ Petitions have been filed seeking for a direction to the respondents to give adequate police protection for erection of transmission cell phone tower and also to install all the telecommunication electrical and electronic equipments, OFC cable and its maintenance work on the said BTS transmission tower in their respective villages.
2.According to the petitioner, the petitioner company is engaged in operation and maintenance of mobile phone towers across the country and petitioner company also obtained licence from the Government of India to provide passive infrastructure to telecom service providers. For erecting mobile phone towers, the petitioner company also entered into a lease agreement from the land owners. However, now the local residents preventing the petitioner from erecting cell phone towers and also threatened them. Hence, the petitioner filed an application before the second respondent police seeking police protection for erecting telecommunication towers. But the said application has not been considered by them. Therefore, the petitioner filed the present petitions seeking the aforesaid relief. http://www.judis.nic.in 3.The second respondent in W.P.(MD)No.16353 of 2019, filed 6 counter affidavit stating that local people raised objections on the ground that it will affect their health and personal safety and it also create law and order problem. In the above circumstances, the second respondent police could not give protection to install cell phone towers. That apart, the petitioner did not obtain approval order from the local Municipality and no objections letter from the local residents.
4.The learned counsel appearing for the petitioner submitted that, this Court in large number of cases held that no permission from the local Municipality is required for erecting mobile phone towers. So far as the health and personal safety are concerned, a Division Bench of this Court has held that there is no scientific evidence to prove that erecting mobile towers will cause health hazardous. Considering the above facts, this Court has passed so many orders permitting the service providers like that of the petitioner to erect cell phone towers.
5.The learned Additional Public Prosecutor appearing for the respondents submitted that, since the local villagers opposing the erection of cell phone towers on the ground that it will affect their health and there is an apprehension of law and order problem, the respondent police is not in a position to give police protection to the petitioner.
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6.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and carefully gone through the entire materials available on records.
7.The petitioner company already obtained permission from the Government of India for erecting cell phone towers in the above said localities. That apart, the petitioner company also entered into a lease agreement with the land owners. It is settled law that for erection of cell phone towers no local body permission is required. So far as the health issue is concerned, a Division Bench of this Court, in W.P.No.24976 of 2008 etc, batch, held that there is no scientific proof that erection of cell phone towers will cause health hazardous and the relevant portion of the order reads as follows:
10.We are, thus, of the view that in a judicial proceeding these aspects cannot be analysed. There being no materials atleast as on date, which can finally suggest any health hazards from these towers and the solution thereof, the Court would not venture into unchartered territory of technical expertise to determine the area where it should be installed. The Court, at best can place this matter before the appropriate Committee to look into this matter which the Kerala High Court already did and we have the benefit of the conclusion arrived at in those proceedings, as noticed above.
http://www.judis.nic.in 8
11.We are of the view that no further directions are required in these matters, other than to say that the concerned authorities would continue to analyse the materials as and when it emerges to look into the concern raised by the petitioners, especially, in view of the fact that there is no final view as yet on these aspects. Science grows and evolves and one does not know what may happen tomorrow. It is, in this context, we have made these observations.
8.In this case, the petitioner obtained permission from the Government of India for erection of cell phone tower. In the above circumstances, the petitioner company legitimately entitled to erect the tower and it is the duty of the respondent police to give necessary protection to the petitioner to erect cell phone towers. Hence, this Court directs the second respondent police to give adequate police protection to the petitioner company to erect cell phone tower in the place for which the permission was granted by the Government of India to the petitioner company.
9.With the above direction, these Writ Petitions are disposed of. No costs.
13.08.2019
Index : Yes/No
Internet : Yes/No
gns
http://www.judis.nic.in
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To
1.The Superintendent of Police,
District Police Office, Tirunelveli.
2.The Inspector of Police, Vikramasingapuram Police Station, Tirunelveli.
3.The Superintendent of Police, District Police Office, Thanjavur.
4.The Inspector of Police, Tamil University Police Station, Thanjavur.
5.The Superintendent of Police, District Police Office, Sivagangai.
6.The Inspector of Police, Devakkottai Town Police Station, Sivagangai.
7.The Superintendent of Police, District Police Office, Thanjavur.
8.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur.
http://www.judis.nic.in 10 V.BHARATHIDASAN,J.
gns W.P.(MD)Nos.16353, 16363, 16369, 16366 & 16379 of 2019 13.08.2019 http://www.judis.nic.in