M/S.Ascend Telecom Infrastructure Private Limited, v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN W.P. NO. 11450 of 2025 and WMP.No.12930 of 2025 M/s.Ascend Telecom Infrastructure Private Limited Rep By Its Authorized Signatory, Tamilselvan .. Petitioner Vs 1.The Superintendent of Police, Tiruvannamalai.
2. The Inspector of Police, Polur Police Station.
3.The District Collector, District Collector Office, Tiruvannamalai.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the lease site admeasuring an extent of about 750 sq.ft. of vacant land located at Thiruvannamalai District, Thiruvannamalai Registration District, Polur SRO, Allinagar Village at No.87, comprised in S.No.109/B1A as per patta No.695 New S.No.190/24, Subhanathar Street.
For Petitioner : Mr.A.M.Venkata Krishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Writ Petition has been filed for direction directing the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to erect, commissioning of equipment and to radiate the transmission tower at the lease site admeasuring an extent of 750 sq.ft. of vacant land at Thiruvannamalai District, Thiruvannamalai Registration District, Polur SRO, Allinagar Village at No.87, comprised in S.No.109/B1A as per patta No.695 New S.No.190/24, Subhanathar Street.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The case of the petitioner is that the petitioner is a licensed telecom service incorporated under the Companies Act, 1956 providing telecom services. For the said purpose, mobile phone towers are going to be erected. The petitioner had also entered into a lease agreement with the individual
owners for the purpose of erecting mobile phone towers for effective communication. Already, the Government of Tamil Nadu has granted exemption to all the Telecom companies to install and erect the cell phone towers by virtue of Government Order passed in G.O.Ms.No.302, dated 12.12.2002 Housing and Urban Department and G.O.Ms.No.177 dated 17.12.2002 Municipal Administration and Water Supply Department and Circular Letter No.5742/C3/2008 dated 26.03.2009 issued by the Secretary to the Government of Tamil Nadu, Engineering Department.
4. When the petitioner attempted to erect the mobile phone tower, the residents of the area came to the spot and started causing hindrance to the company officials from carrying out the construction work. The petitioner also gave a representation to the respondent Police to provide them with protection. However, the respondent Police had not acted upon the said complaint and therefore, the present Writ Petition has been filed.
5. The learned counsel appearing for the petitioner would submit that the issue involved in this Writ Petition is covered by the earlier Judgments of this Court. The learned counsel brought to the notice of this Court the order passed by this Court in Crl.O.P.No.16618 of 2018, wherein the very same petitioner
was a party.
6. It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, which is extracted hereunder:- "2.The learned counsel for the petitioner would submit that the petitioner's company had the contract agreement for installation of cell phone tower with M/s.Indus Towers Limited, a company registered under the provisions of Indian Companies Act, 1956. It is further submitted by the learned counsel for the petitioner that whenever the petitioner's company attempted to erect transmission cell phone tower, publics are causing interference. The learned counsel for the petitioner also submitted that by order dated 05.03.2015, the Honourable First Bench of this Court, in W.P.Nos.24976 of 2008 and etc., batch, held that because of the advancement in the science, no one has prevented to erect cell phone towers.
It is also submitted that the petitioner has given a complaint dated 24.02.2016 to the first respondent police seeking police protection, for which C.S.R.No.
supra.
3.Heard the learned Additional Public Prosecutor appearing for the respondent.
4.Considering the facts and circumstances of the case, the petitioner is directed to send a fresh representation to the respondent and on receipt of the same, the respondent is directed to consider the representation to be submitted by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of one week from the date of receipt of copy of this order.
5.With the above directions, this Criminal Original Petition is disposed of."
7. This Court has consistently taken the view that no one can be prevented from erecting the cell phone towers on a mere apprehension about the effect of radiation from the cell phone tower. The apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions.
8. For the reasons stated above, there shall be a direction to the respondent police to provide police protection to the petitioner for erection of
the cell phone tower. The respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
9. In view of the above, this Writ Petition petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. 01.04.2025 (3/3) Index : Yes/No : Yes/No Speaking/non-speaking order drl To 1.The Superintendent of Police, Tiruvannamalai.
2. The Inspector of Police, Polur Police Station.
3.The District Collector, District Collector Office, Tiruvannamalai.
4. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
drl W.P. NO. 11450 of 2025 and WMP.No.12930 of 2025
01.04.2025