Madras High Court
M/S.Tower Vision India Private Ltd vs The District Collector on 24 April, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.9751 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
W.P(MD) No.9751 of 2024
M/s.Tower Vision India Private Ltd.,
Rep by its Authorized Signatory,
Mr.P.Senthil Kumar-Site Acquisition Lead
Having Office at Basement No. 28,
Amg Tower, Lawyer Jagannathan Street,
Alandut, Chennai – 600 016. ... Petitioner
Vs.
1. The District Collector
Thanjavur District.
2. The Superintendent of Police
Trichy Main Road, Solan Nagar,
Thanjavur District.
3.The Revenue Divisional Officer,
Thanjavur District.
4. The Inspector of Police
SH 150, Pandanallur Police Station,
Pandanallur, Vaitheeswaran Kovil Lower
Anaicut Road, Thiruvidaimaruthur,
Thanjavur District, Tamil Nadu-609 807. ... Respondents
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.9751 of 2024
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus directing the
respondents 2 to 4 provide effective police protection to the petitioner's
Company personnel vendors and contractors for installation of cell
phone towers in respect of work site at the property located at No. 244
Melavellalar Street, Thirukodikaval, Thiruvidamaruthur Taluk,
Thanjavur-609 802 based on complaint dated 21.03.2024.
For Petitioner : Mr.K.Guhan
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
This writ petition has been filed for a direction to the respondents to provide effective police protection to the petitioner company's personnel, vendors and contractors for installation of cell phone towers in respect of work site bearing property No. 244 Melavellalar Street, Thirukodikaval, Thiruvidamaruthur Taluk, Thanjavur-609 802, based on complaint dated 21.03.2024.
2. The case of the petitioner is that the petitioner is engaged in the business of providing telecom services viz., broadband Internet services 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.9751 of 2024 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.
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 a representation dated 21.03.2024 to the fourth respondent Police to provide them with protection. However, the fourth respondent Police had not acted upon the said complaint and therefore, 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. 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.9751 of 2024
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 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.4/8
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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.
7. For the reasons stated above, there shall be a direction to the fourth respondent police to provide police protection to the petitioner for erection of the cell phone tower. The fourth respondent police shall 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.9751 of 2024 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.
8. The Writ Petition is disposed of with the above direction. There shall be no order as to costs.
24.04.2024 Index : Yes/No Internet: Yes/No LS 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.9751 of 2024 To
1. The District Collector Thanjavur District.
2. The Superintendent of Police Trichy Main Road, Solan Nagar, Thanjavur District.
3.The Revenue Divisional Officer, Thanjavur District.
4. The Inspector of Police SH 150, Pandanallur Police Station, Pandanallur, Vaitheeswaran Kovil Lower Anaicut Road, Thiruvidaimaruthur, Thanjavur District, Tamil Nadu-609 807.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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