Madras High Court
Atc Telecom Infrastructure Pvt Ltd vs The District Collector on 17 December, 2021
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.Nos.26931 & 26935 of 2021
cIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.Nos.26931 & 26935 of 2021
ATC Telecom Infrastructure Pvt Ltd,
Represented by its Power of Attorney Holder
N.Senathipathi
“Celestial Point”, No.45, Damodharan Street,
T.Nagar, Chennai – 600 017. .. Petitioner in both W.P.s
Versus
1. The District Collector,
Collectorate,
District Collector Office,
Tiruppur - 641604.
2. The Superintendent of Police,
District Police Office,
Tiruppur - 641604.
3. The State,
Rep. By Inspector of Police (Law & Order),
Dharapuram Police Station,
Tiruppur District ...Respondents in W.P.No.26931 of 2021
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W.P.Nos.26931 & 26935 of 2021
1.The District Collector
Collectorate,
District Collector Office,
Kanchipuram – 631501.
2.The Superintendent of Police,
District Police Office,
Kanchipuram – 631501.
3.The State,
Rep. By Inspector of Police (Law & Order),
C4 - Somangalam Police Station
Kanchipuram District. ...Respondents in W.P.No.26935 of
2021
PRAYER in W.P.No.26931 of 2021: This Writ Petition has been filed
under Article 226 of the Constitution of India for issuance of Writ of
Mandamus directing the Respondents 2 & 3 to forthwith provide effective
police protection to the petitioner's company to fully complete the erection
of transmission cell phone tower and to install all the telecommunication
electrical and electronic equipments, cables at the open land admeasuring
about 1400 Sq.ft.(40X35) out of the total land measuring about more or
less 2720 Sq.ft situated and/or comprised in R.S.No.721/2,
R.S.No.721/2A, Kolathupalayam Village, Dharapuram Taluk, SRO,
Erode Registration District (at present Tiruppur District), on the basis of
the complaint filed by the Petitioner dated 10.08.2021 and CSR No.149
issued on the same day, since, the deemed permission to install the BTS
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W.P.Nos.26931 & 26935 of 2021
transmission Tower was granted by the 1st respondent as per the
G.O.(MS)No.1, Information Technology(B4) Department dated
21.02.2018, by implementing the Indian Telegraph Right of Way Rules,
2016, notified by the Government of India, Ministry of Communications,
Department of Telecommunication vide No.G.S.R.1070(E) dated
15.11.2016 and as per G.O.(Ms) No.197, Industries (MIB.1) Department
dated 13.08.2021.
PRAYER in W.P.No.26935 of 2021: This Writ Petition has been filed
under Article 226 of the Constitution of India for issuance of Writ of
Mandamus directing the Respondents 2 & 3 to forthwith provide effective
police protection to the petitioner's company to fully complete the erection
of transmission cell phone tower and to install all the telecommunication
electrical and electronic equipments, cables at the vacant space at the
land/building measuring an area of 600 Sq.ft/cents situated at Plot
No.113/528 lying and situated at Nallur Village, Kancheepuram
Registration District, Sriperumbadur Taluk, Kancheepuram District, on
the basis of the complaint filed by the petitioner dated 15.09.2021 and
CSR No.388/2021 which was issued on the same date, since, the deemed
permission to install the BTS transmission Tower was granted by the 1 st
respondent as per the G.O.(MS)No.1, Information Technology(B4)
Department dated 21.02.2018, by implementing the Indian Telegraph
Right of way Rules, 2016, notified by the Government of India, Ministry
of Communications, Department of Telecommunication vide
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W.P.Nos.26931 & 26935 of 2021
No.G.S.R.1070(E) dated 15.11.2016 and as per G.O.(Ms) No.197,
Industries (MIB.1) Department dated 13.08.2021.
For Petitioners
in both W.P.Nos. : Mr.J.Ravikumar
For Respondents
in both W.P.Nos. :Mr.E.Raj Thilak
Additional Public Prosecutor
COMMON ORDER
This Writ Petition in W.P.No.26931 of 2021 has been to direct the Respondents 2 & 3 to forthwith provide effective police protection to the petitioner's company to fully complete the erection of transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, cables at the open land admeasuring about 1400 Sq.ft.(40X35) out of the total land measuring about more or less 2720 Sq.ft situated and/or comprised in R.S.No.721/2, R.S.No.721/2A, Kolathupalayam Village, Dharapuram Taluk, SRO, Erode Registration District (at present Tiruppur District), on the basis of the complaint filed by the Petitioner dated 10.08.2021 and CSR No.149 issued on the same day, since, the deemed permission to install the BTS Page No.4 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.26931 & 26935 of 2021 transmission Tower was granted by the 1st respondent as per the G.O.(MS)No.1, Information Technology(B4) Department dated 21.02.2018, by implementing the Indian Telegraph Right of Way Rules, 2016, notified by the Government of India, Ministry of Communications, Department of Telecommunication vide No.G.S.R.1070(E) dated 15.11.2016 and as per G.O.(Ms) No.197, Industries (MIB.1) Department dated 13.08.2021.
2. This petition in W.P.No.26935 of 2021 has been filed to direct the Respondents 2 & 3 to forthwith provide effective police protection to the petitioner's company to fully complete the erection of transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, cables at the vacant space at the land/building measuring an area of 600 Sq.ft/cents situated at Plot No.113/528 lying and situated at Nallur Village, Kancheepuram Registration District, Sriperumbadur Taluk, Kancheepuram District, on the basis of the complaint filed by the petitioner dated 15.09.2021 and CSR No.388/2021 which was issued on the same date, since, the deemed Page No.5 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.26931 & 26935 of 2021 permission to install the BTS transmission Tower was granted by the 1 st respondent as per the G.O.(MS)No.1, Information Technology(B4) Department dated 21.02.2018, by implementing the Indian Telegraph Right of way Rules, 2016, notified by the Government of India, Ministry of Communications, Department of Telecommunication vide No.G.S.R.1070(E) dated 15.11.2016 and as per G.O.(Ms) No.197, Industries (MIB.1) Department dated 13.08.2021.
3. The case of the petitioner is that the petitioner is engaged in the business of Operation and Maintenance of Mobile phone towers across India for all the mobile phone operators/service providers providing broadband Internet services and other allied services. For the said purpose, cell phone tower is 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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4. When the petitioner attempted to erect the cell phone tower, some people with vested interest claiming to be neighbours have been causing hindrance and preventing the workers from carrying out the construction work. In this regard, the petitioner gave complaints to the third respondent on 10.08.2021 & 15.09.2021 respectively, seeking police protection. However, the third respondent had not acted upon the said complaint and therefore, the present Petitions have been filed.
5. The learned counsel appearing for the 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 dt.28.06.2018.
6. It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, which is extracted hereunder:-
“2.The learned counsel for the petitioner would submit that the petitioner's company had the contract Page No.7 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.26931 & 26935 of 2021 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 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 Page No.8 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.26931 & 26935 of 2021 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.”
7. 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.
8. For the reasons stated above, there shall be a direction to the third respondent police to provide police protection to the petitioner Page No.9 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.26931 & 26935 of 2021 for erection of the cell phone tower. The third respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
9. These Writ Petitions are disposed of with the above direction. No costs.
17.12.2021 Index: Yes/No Internet: Yes/No dna To
1. The District Collector, Collectorate, District Collector Office, Tiruppur – 641604.
2.The District Collector Collectorate, District Collector Office, Kanchipuram – 631501.
3. The Superintendent of Police, District Police Office, Tiruppur – 641604.
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4.The Superintendent of Police, District Police Office, Kanchipuram – 631501.
5. The Inspector of Police (Law & Order), Dharapuram Police Station, Tiruppur District.
6.The Inspector of Police (Law & Order), C4 - Somangalam Police Station Kanchipuram District.
7. The Public Prosecutor, High Court, Madras.
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