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.22014 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),
H2, Guduvancherry Police Station,
Guduvancherry, Kanchipuram - 603202.
2. The Deputy Superintendent of Police,
District Police Office, Thaiyar Kullam,
Kanchipuram - 631 501.
3. The Superintendent of Police,
District Police Office,
Thaiyar Kullam,
Kanchipuram - 631501. ..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 Old No.226, New No.169, Patta No.6, Madambakkam Village, Madambakkam Panchayath, Sriperambatur Taluk, Kanchipuram District, Guduvancherry Sub Registration District, South Chennai Registration District on the basis of the complaint dated 17.08.2018.
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 Old No.226, New No.169, Patta No.6, Madambakkam Village, Madambakkam Panchayath, Sriperumpudur Taluk, Kanchipuram District, Guduvancherry Sub-Registration District, South Chennai Registration District on the basis of the complaint given by the petitioner dated 17.08.2018.
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 complaint before the first respondent on 17.08.2018, 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 complaint submitted by the petitioner.
5. This Court in Crl.O.P.(MD) No.6885 and 6895 of 2015 dated 15.04.2015 in paragraph Nos.5 and 6 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 interfere 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. Accordingly, the Criminal Original Petitions are disposed of with a direction to the respondents to give adequate police protection, if there are no legal impediments.
6. In view of the aforesaid decision, this Criminal Original Petition is disposed of with a direction to the third respondent to provide adequate police protection to the petitioner for installing cell phone towers and telecommunication, electrical and electronic equipments, cables in the aforesaid property.
18.09.2018
dh
Index : Yes/No
P. RAJAMANICKAM.J.,
dh
To
1. The Inspector of Police(Law & Order),
H2, Guduvancherry Police Station,
Guduvancherry, Kanchipuram - 603202.
2. The Deputy Superintendent of Police,
District Police Office, Thaiyar Kullam,
Kanchipuram - 631 501.
3. The Superintendent of Police,
District Police Office,
Thaiyar Kullam,
Kanchipuram - 631501.
4. The Public Prosecutor
High Court, Madras.
Crl.OP No.22014 of 2018
18.09.2018