Madras High CourtCRL OP/1389/2016disposed of

M/S.Reliance Jio Infocomm Ltd. v. The Inspector Of Police

2016-01-22Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1389 of 2016 M/s. Reliance Jio Infocomm Limited having its circle office at A1 Tower, 8th Floor, 89-90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

represented by its Legal Manager, D.Kalaimani ... Petitioner Vs The Inspector of Police, Fairland Police Station, Salem District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent herein to provide police protection to the petitioner's company to erect the transmission Tower at Periyapudur, Ayyarkadu, Salem District.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This petition has been filed to direct the respondent herein to provide police protection to the petitioner's company to erect the Transmission Tower at Periyapudur, Ayyarkadu, Salem District.

2. The petitioner company is an Internet Service Provider having Category "A" license granted by the Government of India. In the course of their business, they used to erect the cell phone towers. They entered into a lease agreement for twelve years. In order to erect the cell phone towers in the respective places, necessary permission from the local body is not necessary, as the Government of Tamil Nadu has granted exemption to all the Telecom Companies to install mobile phone towers. Hence, based on the agreement with the owner of the property, the company officials https://hcservices.ecourts.gov.in/hcservices/

and other allied staffs visited the place on 06.01.2016 for the purpose of carrying out the work of erecting the tower. At that point of time, some persons residing nearby the property came to that place and started to cause hindrance to the petitioner from carrying out the construction work. Hence, a complaint was lodged with the respondent police on 6.1.2016, for which, C.S.R.No.1/2016 has been assigned. Hence, the petitioner has come forward with the present petition to give police protection.

3. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

4. Considering the submissions made on either side, this Court directs the respondent to consider the representation of the petitioner with regard to providing police protection to enable them to erect the transmission Tower at Periyapudur, Ayyakadu, Salem district, within a period of one week from the date of receipt of a copy of this order.

5. The criminal original petition is disposed of accordingly. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vsi To

1. The The Inspector of Police, Fairland Police Station, Salem District.

2. The Public Prosecutor, High Court, Chennai.

1 cc to Mr.R.G. Shankar Ganesh, Advocate, Sr. 3902 Crl.O.P.No.1389 of 2016 RV(CO) kk 8/2 https://hcservices.ecourts.gov.in/hcservices/