Tower Vision India Pvt. Ltd., v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1804 of 2016 Tower Vision India Private Limited Represented by V.Krishna Kishore Ramaniyam ... Petitioner Vs 1.The Superintendent of Police, Coimbatore, Coimbatore District 641 009.

2.The Inspector of Police, Sirumugai Police Station, Coimbatore.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to provide police protection to the petitioner's company to fully complete the erection transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, OFC cable and its maintenance work on the tower situated at old Survey No.384, New Survey No.1003/4, Village No.15, Illupanatham, Mettupalayam Taluk, Coimbatore measuring to an extent of 1736 sq.ft.

For Petitioner : Ms.R.Poornima For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

ORDER

The present criminal original petition has been filed to provide police protection to the petitioner's company to fully complete the erection transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, OFC cable and its maintenance work on the tower situated at old Survey No.384, New Survey No.1003/4, Village No.15, Illupanatham, Mettupalayam Taluk, Coimbatore measuring to an extent of 1736 sq.ft.

2. In the petition, it is averred that the petitioner is carrying on the business of providing telecommunication services. The company has been in the process of setting up various facilities like Microwave / Repeater / Cell sites at various location in the State of Tamil Nadu. The company engages in the ownership, management and operation of wireless communication towers of all types and locations. During the course of their business, the petitioner entered into a lease and licence agreement with one P.Subramaniam in respect of the site situated at old Survey No.384, New Survey No.1003/4, Village No.15, Illupanatham, Mettupalayam Taluk, Coimbatore, measuring to an extent of 1736 sq.ft. When the employees of the petitioner were proceeding with their work, they were prevented by the general public in the locality. Hence, the petitioner lodged a complaint with the respondent police seeking police protection to proceed with their work. Since, no action has been taken on the said complaint, the petitioner has come up with the present petition.

3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that the complaint was sent only by post and if the petitioner gives a complaint in person, necessary action would be taken by the respondent police.

4. In view of the said submission made by the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint to the respondent police requesting them to provide police protection to complete the erection transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, OFC cable and its maintenance work on the tower situated at old Survey No.384, New Survey No.1003/4, Village No.15, Illupanatham, Mettupalayam Taluk, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondent police is directed to consider the same and pass appropriate orders for providing necessary police protection to the petitioner. The criminal original petition is ordered accordingly.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

sbi To 1.The Superintendent of Police, Coimbatore, Coimbatore District 641 009.

2.The Inspector of Police, Sirumugai Police Station, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.R.Poornima, Advocate, sr.5302 Crl.O.P.No.1804 of 2016 ppa co kra 10.02.2016