M/S.Reliance Jioinfocomm v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.8025 of 2018 M/s.Reliance JioInfocomm Limited, having its Circle office at A1 Tower, 8th Floor, 89-90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

represented by its Legal Manager, Mr.D.Kalaimani .. Petitioner Vs.

1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, Periyapalayam Police Station, Thiruvallur District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents herein to provide police protection to the petitioner's company to erect transmission tower at Vacant land at 2400 sq. ft. bearing Survey Nos.170/2 and 170/1, Arani Village, Ponneri Taluk, Thiruvallur District, the petitioner undertakes to pay the necessary charges. For Petitioner : M/s.L.Srileka For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

ORDER

In an identical case, this Court had, by an order dated 16.11.2016 in Crl.O.P.(MD).No.12751 of 2016 and Crl.O.P.No.5924 of 2017 dated 27.03.2017 passed the following order. "3.Learned counsel for the petitioner relied on the decision of a Division Bench of this Court in W.P.Nos.24976 of 2008 ect. Batch cases and the decision of a learned Single Judge of this Court in Crl.OP(MD) Nos.12596 to 12599 of 2014 and 12601 to 12619

of 2014 would submit that without any basis their activities cannot be stopped.

4.Learned Government Advocate (Criminal Side) on instructions submitted that the petition is pending.

5.The law regarding establishment of cell phone 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 petition is disposed of with a direction to the respondents to give adequate police protection, if there are no legal impediments."

The facts and the findings in the aforesaid case in applicable to the present case in hand.

2. Accordingly, this Criminal Original Petition is allowed, directing to the respondents to give adequate police protection to the petitioner for erection of cell phone tower in Survey No. 170/2 and 170/1, Arani Village, Ponneri Taluk, Thiruvallur District.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dh

To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, Periyapalayam Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras +1cc to Ms.L.Srileka, Advocate, S.R.No.22914 Crl.O.P.No.8025 of 2018 RRK(27/03/2018)