Madras High CourtCRL OP/1865/2016disposed of

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

2016-01-29Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1865 of 2016 M/s.Reliance Jio Infocomm Limited, Having its Circle Office at A1 Tower, 8th Floor, 89-90, Dr.Radhakrishnan Salai, Malpore Chennai - 600 004.

Rep. By its Legal Manager D.Kalaimani.

... Petitioner Vs The Inspector of Police, Kuniyamuthur Police Station, Coimbatore District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent herein to provide police protection to the petitioner's company to erect the Transmission Tower at S.No.13/4A. Kuniyamuthur Village, Coimbatore.

For Petitioner :

Mr.R.G.Shankar Ganesh For Respondent :

Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to provide police protection to the petitioner's company to erect the Transmission Tower at S.No.13/4A. Kuniyamuthur Village, Coimbatore.

2. The petitioner company in order to erect the cell phone towers has entered into a registered lease agreement with one Palraj for a period of twenty years. In order to erect the 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. Based on the registered lease agreement, the company officials and other allied staffs visited the place on 20.01.2016 for the purpose of carrying out the work of https://hcservices.ecourts.gov.in/hcservices/

erecting the tower. At that point of time, some persons residing nearby the property came to that place and started to cause hindrance to the petitioner from carrying out the construction work. Hence, the company officials were constrained to lodge a complaint on 20.01.2016 and C.S.R.No.27 of 2016 has also been issued by the respondent police. Thereafter, no action was taken to provide police protection. Hence, the petitioner has filed the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. Considering the submissions made on either side, this Court directs the petitioner to give a representation to the respondent along with the copy of this order within a period of one week from the date of receipt of a copy of this order, and on receipt of the same, the respondent is directed to consider the said representation and pass appropriate orders with regard to providing of police protection to enable the petitioner to erect the Transmission Tower at S.No.13/4A. Kuniyamuthur Village, Coimbatore.

5. This criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vsm To 1.The Inspector of Police, Kuniyamuthur Police Station, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R.G. Shankar Ganesh, Advocate, Sr. 6284 Crl.O.P.No.1865 of 2016 EV (CO) kk 15/2 https://hcservices.ecourts.gov.in/hcservices/