Indus Towers Limited Rep. By v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.970 of 2018 Indus Towers Limited Rep by its Authorized Signatory Mr.S.Prasanna, No.5, ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097.

.. Petitioner Vs.

1. The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, S-14, Peerkankaranai Police Station, Chennai(CSR/698/S14PS/17) .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to directing the respondents to provide necessary police protection to the petitioner to carry on the mobile phone tower building, erection and operation works at the premises being about 500 Sq. Ft of land and building from and out of 1075 Sq Ft of land and building in Plot No.B, comprised in Patta No.4754, Survey No.132/1A, 144/24, located at Kasthuribai Street Extension, at Old No.167, New No.28, Perungalathur Village, within Perungalathur Town Panchayat Limits, Tambaram Taluk, Kancheepuram District. For Petitioner :

Mr.S.Anil Sandeep For Respondents :

Mrs.V.Saratha Devi 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.132/1A, 144/24, located at Kasthuribai Street Extension, at Old No.167, New No.28, Perungalathur Village, within Perungalathur Town Panchayat Limits, Tambaram Taluk, Kancheepuram District. -sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar dh/ak To

1. The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, S-14, Peerkankaranai Police Station, Chennai

3. The Public Prosecutor, High Court, Madras +1 cc to MR.S.ANIL SANDEEP,ADVOCATE VIDE SR.NO. 3720 Crl.O.P.No.970 of 2018 SSI[CO] RD 03/02/2018