M/S.Summit Digitel Infrastructure Private Limited v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P. No.780 of 2022 M/s. Summit Digitel Infrastructure Private Limited, Authorised Signatory by Kumaresan. K, A-1 Towers, No.89-91, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
... Petitioner
Versus
1. The Superintendent of Police, Chengalpattu District.
2. The Inspector of Police, Thirukazhukundram Police Station, Chengalpattu District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the lease site namely Site ID No.I-TN-TRKD-ENB-9049 situated in land of 2400 Square Feet area at comprised in Punjai Survey No.296/2014 measuring an 35 cents of Karumarapakkam Village, Thirukazhukundram Taluk, Kancheepuram District situated within the Registration District of Chengalpattu and Sub Registration District of Thirukazhukundram.
For Petitioner :
Mr.A.M.Venkatakrishnan For respondents :
Mr. E.Raj Thilak, Additional Public Prosecutor
ORDER
This petition has been filed for the issuance of a Writ of mandamus, directing the respondents to provide the police protection to the petitioner company to erect transmission cell phone tower and to install all the telecommunication electrical
and electronic Equipments, OFC Cable and its maintenance work on the said BTS transmission Tower at the lease site namely Site ID No.I-TN-TRKD-ENB-9049, comprised in Punjai Survey No.296/2014, measuring to an extent of 35 cents, situated at Karumarapakkam Village, Thirukazhukundram Taluk, Kancheepuram District, within the Registration District of Chengalpattu and Sub Registration District of Thirukazhukundram.
2.The case of the petitioner is that they are 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 various lease agreements with respective property owners 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, 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 a complaint to the 2nd respondent on 13.07.2021, seeking police protection.
However, the 2nd respondent had not acted upon the said complaint and therefore, the present Petition has been filed.
4.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 dated 28.06.2018.
5.It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018 as under:- "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.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 2nd respondent police to provide police protection to the petitioner for erection of the cell phone tower. The 2nd respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
8. This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
vga/ab To
1. The Superintendent of Police, Chengalpattu District.
2. The Inspector of Police, Thirukazhukundram Police Station, Chengalpattu District.
3. The Public Prosecutor, High Court, Madras.
W.P. No.780 of 2022 PL[co] NSK 10/02/2022