Madras High CourtWP/11244/2021disposed of

M/S.Indus Towers Ltd v. The Superintendent Of Police

2021-06-02Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.11244 of 2021 M/s.Indus Towers Limited having its circle office at 5(NP), ESPEE, IT Park, 5th Floor, Jawaharlal Nehru Road Ekkatuthangal, Chennai 600 097.

represented by its Assistant Legal Manager S.Prasanna.

...Petitioner

Vs.

1.The Superintendent of Police District Police Office, Cuddalore.

2.The Deputy Superintendent of Police Chidambaram Sub Division, Cuddalore.

3.The Inspector of Police Chidambaram Taluk Police Station, Cuddalore.

4.The District Collector District Collector Office, Cuddalore.

5.The Tahsildar Chidambaram Taluk Office, Cuddalore.

6.The Municipal Commissioner Chidambaram Municipality, Cuddalore.

...Respondents

PRAYER: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 3 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 at Cuddalore District, Chidambaram Taluk, C.Thandeswaranallur Village, Thayammal Nagar in S.F.No.190/1B limit in Plot No.2 as per sub division New S.F.No.190/1 in Kumaratchi Panchayat Union limit., and direct the respondents 4 to 6 to co-operate with respondents 1 to 3 as

per the letter dated 20.04.2020 vide Lr.No.DDG (Technology)/TNLSA/DM/COVID-19/20-21/02 issued by the Government of India, Ministry of Communications, Department of Telecommunications to the Secretary (IT) Government of Tamil Nadu, copy to Chief Secretary and DGP of Police, Tamil Nadu.

For Petitioner : Mrs. Surasika Parthasarathy For Respondents: Mr. A.Damodaran Counsel for Govt. of Tamilnadu (Crl.side)

ORDER

This petition is filed to issue a writ of mandamus directing the respondents 1 to 3 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 at Cuddalore District, Chidambaram Taluk, C.Thandeswaranallur Village, Thayammal Nagar in S.F.No.190/1B limit in Plot No.2 as per sub division New S.F.No.190/1 in Kumaratchi Panchayat Union limit., and direct the respondents 4 to 6 to co-operate with respondents 1 to 3 as per the letter dated 20.04.2020 vide Lr.No.DDG (Technology)/TNLSA/DM/COVID-19/20-21/02 issued by the Government of India, Ministry of Communications, Department of Telecommunications to the Secretary (IT) Government of Tamil Nadu, copy to Chief Secretary and DGP of Police, Tamil Nadu.

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 at Cuddalore District, Chidambaram Taluk, C.Thandeswaranallur Village, Thayammal Nagar in S.F.No.190/1B limit in Plot No.2 as per sub division New S.F.No.190/1 in Kumaratchi Panchayat Union limit, 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 though a complaint to the third respondent and a representation to the first and second respondent was submitted by the petitioner to take appropriate action, the same has not been considered till date.

4. In the facts and circumstances, there shall be a direction to the respondents 1 to 3 to provide adequate police protection to the petitioner for erection of the cell phone tower on the property at Cuddalore District, Chidambaram Taluk, C.Thandeswaranallur Village, Thayammal Nagar in S.F.No.190/1B limit in Plot No.2 as per sub division New S.F.No.190/1 in

Kumaratchi Panchayat Union limit. The third 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 third respondent police towards police protection. The respondents 4 to 6 shall co-operate with the respondents 1 to 3.

5. This writ petition is disposed of with the above directions.No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar bkn To 1.The Superintendent of Police District Police Office, Cuddalore.