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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1391 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, Singanallur Police Station, Coimbatore 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 S.No.59/1, Siva Nagar, Uppilipalayam, Coimbatore. For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.C.Emalias, Additional 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 S.No.59/1, Siva Nagar, Uppilipalayam, Coimbatore.

2. The petitioner company is incorporated and registered under the Indian Companies Act, 1956. The petitioner's company is an Internet Service Provider having Category "A" license granted by the Government of India. The petitioner company is engaged in the business of providing broadband internet services and other allied services on a pan-India basis. In order to

erect the cell phone towers, the petitioner company has entered into a lease agreement with one D.Viswanath and Sivaprakash for a period of twenty years. For erecting 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 and other allied staffs visited the place on 09.10.2015 for the purpose of carrying out the work of erecting the tower.

At that point of time, some persons residing nearby the property under the leadership of one Ranganathan functioning as President, Siva Nagar Residents Association, Uppilipalayam, Coimbatore, 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 9.10.2015, for which, C.S.R.No.1022/2015 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 complaint given by the petitioner with regard to providing police protection to enable them to erect the transmission Tower at S.No.59/1, Siva Nagar, Uppilipalayam, Coimbatore, and pass appropriate orders 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/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsi To

1. The The Inspector of Police, Singanallur Police Station, Coimbatore District.

2. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.R.G.Shankar Ganesh, Advocate, S.R.No.3901 Crl.O.P.No.1391 of 2016 PPA(CO) CA(09/02/2016)