M/S.Ascend Telecom Infrastructure Private Limited v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.4309 of 2025 M/S.Ascend Telecom Infrastructure Private Limited Rep By Its Authorized Signatory, Tamilselvan ... Petitioner Vs
1. The Superintendent of Police, Ranipet.
2. The Inspector of Police, SIPCOT Police Station, Ranipet District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to erect, commissioning of equipment and to radiate the transmission tower at the property mentioned in the schedule measuring 1200 sq.ft. of vacant land out of 13 cents, Pillaiar Koil street Seekarajapuram Village, Seekarajapuram Post, Registered in Ranipettai Joint I SRO, Ranipettai District, Seekarajapuram Village, Seekarajapuram Post bearing Survey No.205/6K Situated at 2/ 66, Patta No.548.
For Petitioner : Mr.A.M.Venkata Krishnan For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)
ORDER
This Writ Petition has been filed for direction directing the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to erect, commissioning of equipment and to radiate the transmission tower at the property mentioned in the schedule measuring 1200 sq.ft. of vacant land out of 13 cents, Pillaiar Koil street Seekarajapuram Village, Seekarajapuram Post, Registered in Ranipettai Joint I SRO, Ranipettai District, Seekarajapuram Village, Seekarajapuram Post bearing Survey No.205/6K Situated at 2/ 66, Patta No.548.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The case of the petitioner is that the petitioner is a licensed telecom service incorporated under the Companies Act, 1956 providing
telecom services. For the said purpose, mobile 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 mobile 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.
4. When the petitioner attempted to erect the mobile 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 to the respondent Police to provide them with protection. However, the respondent Police had not acted upon the said complaint and therefore, the present Writ Petition has been filed.
5. The learned counsel appearing for the petitioner would submit that the issue involved in this Writ 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, wherein the very same petitioner was a party.
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 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."
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 respondent police to provide police protection to the petitioner for
erection of the cell phone tower. The respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
9. In view of the above, this Writ Petition petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. 05.02.2025 (2/3) Index : Yes/No : Yes/No Speaking/non-speaking order mn
To
1. The Superintendent of Police, Ranipet.
2. The Inspector of Police, SIPCOT Police Station, Ranipet District.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN. J, mn 05.02.2025