High Court · 2024

Writ Petition No.3476 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.02.2024CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHWrit Petition No.3476 of 2024Indus Towers Limitedrepresented by its Authorized SignatoryMr.S.PrasannaNo.5, ESPEE IT Park,5th Floor, Jawaharlal Nehru Road,Ekkatuthangal, Chennai - 600 097.... PetitionerVs.1.The Superintendent of Police, Chengalpattu District.2.The Deputy Superintendent of Police, Thiruporur Division, Chengalpattu District.3.The Inspector of Police, Thalambur Police Station, Chengalpattu District.4.The District Collector, Chengalpattu District.1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 20245.The Thasildar, Thiruporur Taluk, Chengalpattu District.6.The President, Melkottaiyur Village Panchayat, Thiruporur Taluk, Chengalpattu District....RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide necessary police protection to the petitioner for their mobile phone tower works at the premises being about 600 square feet of land in Old Survey No.65/5, New Survey No.66/27, Melakottaiyur Village, Kandigai, Tiruporur Taluk, Chengalpattu District, on the representation dated 23.09.2023 sent to the third respondent vide registered post on 26.09.2023 and direct the respondents 4 to 7 to render necessary co-operation to the respondents 1 to 3 in the matter.For Petitioner: Mr.S.Anil SandeepFor Respondents: Mr.A.Damodaran Additional Public Prosecutor [R1 to R5]*****O R D E RThis writ petition has been filed for a direction directing the respondents 1 to 3 to provide necessary police protection to the petitioner for their mobile phone tower works at the premises being about 600 square feet 2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024of land in Old Survey No.65/5, New Survey No.66/27, Melakottaiyur Village, Kandigai, Tiruporur Taluk, Chengalpattu District, on the representation dated 23.09.2023 sent to the third respondent vide registered post on 26.09.023 and direct the respondents 4 to 7 to render necessary co-operation to the respondents 1 to 3 in the matter.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 01.04.2002.3. 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 3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024company officials from carrying out the construction work. The petitioner also gave a complaint dated 23.09.2023 to the third respondent 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 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, 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024held 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.7. For the reasons stated above, there shall be a direction to the third 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024respondent police to provide police protection to the petitioner 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 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. 15.02.2024Index : Yes/NoSpeaking order: Yes/NoNeutral Citation : Yes/Nogm6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024To1.The Superintendent of Police, Chengalpattu District.2.The Deputy Superintendent of Police, Thiruporur Division, Chengalpattu District.3.The Inspector of Police, Thalambur Police Station, Chengalpattu District.4.The District Collector, Chengalpattu District.5.The Thasildar, Thiruporur Taluk, Chengalpattu District.6.The Public Prosecutor, High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024N.ANAND VENKATESH, JgmWrit Petition No.3476 of 202415.02.20248/8

Writ Petition No.3476 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.02.2024CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHWrit Petition No.3476 of 2024Indus Towers Limitedrepresented by its Authorized SignatoryMr.S.PrasannaNo.5, ESPEE IT Park,5th Floor, Jawaharlal Nehru Road,Ekkatuthangal, Chennai - 600 097.... PetitionerVs.1.The Superintendent of Police, Chengalpattu District.2.The Deputy Superintendent of Police, Thiruporur Division, Chengalpattu District.3.The Inspector of Police, Thalambur Police Station, Chengalpattu District.4.The District Collector, Chengalpattu District.1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 20245.The Thasildar, Thiruporur Taluk, Chengalpattu District.6.The President, Melkottaiyur Village Panchayat, Thiruporur Taluk, Chengalpattu District....RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide necessary police protection to the petitioner for their mobile phone tower works at the premises being about 600 square feet of land in Old Survey No.65/5, New Survey No.66/27, Melakottaiyur Village, Kandigai, Tiruporur Taluk, Chengalpattu District, on the representation dated 23.09.2023 sent to the third respondent vide registered post on 26.09.2023 and direct the respondents 4 to 7 to render necessary co-operation to the respondents 1 to 3 in the matter.For Petitioner: Mr.S.Anil SandeepFor Respondents: Mr.A.Damodaran Additional Public Prosecutor [R1 to R5]*****O R D E RThis writ petition has been filed for a direction directing the respondents 1 to 3 to provide necessary police protection to the petitioner for their mobile phone tower works at the premises being about 600 square feet 2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024of land in Old Survey No.65/5, New Survey No.66/27, Melakottaiyur Village, Kandigai, Tiruporur Taluk, Chengalpattu District, on the representation dated 23.09.2023 sent to the third respondent vide registered post on 26.09.023 and direct the respondents 4 to 7 to render necessary co-operation to the respondents 1 to 3 in the matter.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 01.04.2002.3. 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 3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024company officials from carrying out the construction work. The petitioner also gave a complaint dated 23.09.2023 to the third respondent 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 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, 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024held 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.7. For the reasons stated above, there shall be a direction to the third 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024respondent police to provide police protection to the petitioner 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 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. 15.02.2024Index : Yes/NoSpeaking order: Yes/NoNeutral Citation : Yes/Nogm6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024To1.The Superintendent of Police, Chengalpattu District.2.The Deputy Superintendent of Police, Thiruporur Division, Chengalpattu District.3.The Inspector of Police, Thalambur Police Station, Chengalpattu District.4.The District Collector, Chengalpattu District.5.The Thasildar, Thiruporur Taluk, Chengalpattu District.6.The Public Prosecutor, High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.3476 of 2024N.ANAND VENKATESH, JgmWrit Petition No.3476 of 202415.02.20248/8