M/S.Atc Telecom Infrastructure Private Limited v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.11278 of 2021 M/s. ATC Telecom Infrastructure Private Limited, Rep. by its Authorised Signatory, Mr. N.Senathipathi, Legal Manager, Having Circle Office at "Celestial Point", No.45, Damodharan Street, Opposite to T.Nagar Bus Stand, T.Nagar, Chennai - 600 017.
... Petitioner Vs.
1.The Superintendent of Police, District Police Office, Thiruvarur.
2.The Inspector of Police, Thiruthuraipoodi Police Station, Thiruthuraipoondi, Thiruvarur District.
3.The District Collector, District Collector Office, Thiruvarur.
... Respondents PRAYER: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 to provide the effective Police protection to the petitioner company to erect transmission cell phone tower and to install all the telecommunication electrical & electronics equipments, OFC Cable and its maintenance work on the said BTS transmission Tower on the property of Mrs.T.Vasugi, W/o. Thangarasu, bearing R.S.No.60, S.No.168/17B, Patta No.76, lying and situated at Thiruthuraipoondi Village Thiruthuraipoondi Taluk, Thiruthuraipoondi SRO, Thiruvarur District, as per the complaint dated 05.04.2021. For Petitioner : Ms. Suvasika Parthasarathy For Respondents: Mr. A.Damodaran Counsel for Govt. of Tamilnadu (Crl.side)
ORDER
This writ petition has been filed to issue a writ of mandamus directing the respondents 1 and 2 to provide the effective Police protection to the petitioner company to erect transmission cell phone tower and to install all the telecommunication electrical & electronics equipments, OFC Cable and its maintenance work on the said BTS transmission Tower on the property of Mrs. T.Vasugi, W/o. Thangarasu, bearing R.S.No.60, S.No.168/17B, Patta Thiruthuraipoondi Taluk, Thiruthuraipoondi SRO, Thiruvarur District, as per the complaint dated 05.04.2021.
2. The main grievance of the petitioner is that though they got necessary permission from the concerned Authorities to erect a mobile tower on the property bearing R.S.No.60, S.No.168/17B, Patta Thiruthuraipoondi Taluk, Thiruthuraipoondi SRO, Thiruvarur District, the residents in and around the said property are preventing the petitioner from erecting the mobile phone tower.
3. It is the submission of learned counsel for the petitioner that a complaint to the second respondent and a representation to the first respondent was submitted by the petitioner to register the complaint and to take appropriate action, have not been considered till date.
4. In the facts and circumstances, there shall be a direction to the respondents 1 and 2 to provide adequate police protection to the petitioner for erection of the cell phone tower on the property of Mrs. T.Vasugi, W/o. Thangarasu, bearing R.S.No.60, S.No.168/17B, Patta Thiruthuraipoondi Taluk, Thiruthuraipoondi SRO, Thiruvarur District. The second respondent police shall ensure that the entire process goes smoothly without giving raise to any law and order problem. The petitioner shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the second respondent police towards police protection. The third respondent shall co-operate with the respondents 1 and 2.
5. This writ petition is disposed of with the above directions.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar bkn/msv
To 1.The Superintendent of Police, District Police Office, Thiruvarur.
2.The Inspector of Police, Thiruthuraipoodi Police Station, Thiruthuraipoondi, Thiruvarur District.
3.The District Collector, District Collector Office, Thiruvarur.
W.P.No.11278 of 2021 NK(CO) GN(20/07/2021)