M/S.Indus Towers Limited v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.20013 of 2016 Indus Towers Ltd.
having its Circle Office at 5 (NP) ESPEE, IT Park V Floor, Jawaharlal Nehru Road Ekkatuthangal Chennai 600 097 represented by its Assistant Legal Manager S. Prasanna Petitioner vs.
The Superintendent of Police District Police Office The Deputy Superintendent of Police Bhavani Sub Division The Inspector of Police Bhavani Police Station Bhavani, Erode District The Municipal Commissioner Bhavani, Erode District The District Collector District Collector Office The Town Planning Authority Bhavani The Panchayat President Ooratchikottai Panchayat Bhavani Respondents
Criminal Original Petition filed under Section 482, Cr.P.C. seeking to direct the respondents 1 to 3 herein to provide effective police protection to the petitioner's company to erect transmission cell phone tower and to install all the telecommunication electrical and electronics equipments, OFC cable and its maintenance work on the said BTS transmission tower at Erode District, Bhavani Taluk in Ooratchikottai Village in Old Survey No.12-E, F, in Resurvey No.66/2, Old Survey No.10 in Resurvey No.66/7, 66/12, 66/13, 66/14 and also direct the respondents 4 to 7 to cooperate with the respondents 1 to 3. For petitioner K. Govindarajan For respondents Mr. C. Emalias Addl. Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to direct the respondents 1 to 3 herein to provide effective police protection to the petitioner's company to erect transmission cell phone tower and to install all the telecommunication electrical and electronics equipments, OFC cable and its maintenance work on the said BTS transmission tower at Erode District, Bhavani Taluk in Ooratchikottai Village in Old Survey No.12-E, F, in Resurvey No.66/2, Old Survey No.10 in Resurvey No.66/7, 66/12, 66/13 and 66/14 and also direct the respondents 4 to 7 to cooperate with the respondents 1 to 3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
This Court, in an identical matter in Crl.O.P. No.15569 of 2016 filed by the petitioner herein, on 10.08.2016, passed the following order:
"This Criminal Original Petition has been filed seeking a direction to respondents 1 to 3 to provide effective police protection to the petitioner's company to erect transmission cell phone tower and to install all the telecommunication electrical and electronics equipments, OFC Cable and its maintenance work on the said BTS transmission tower at Kanchipuram District, Kanchipuram Taluk, Kanchipuram Town in Chinna Kanchipuram, 1st zone bearing Door No.11 to 16, Town Survey No.1099, 1100, 1101/1 Part, 1102 Part and 1103 Part land subdivided in plots in the name of "K.M.Avenue" in Plot No.1 and also direct the
4 to 6 respondents to cooperate the 1 to 3 respondents.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. On 22.07.2016, this Court has passed the following order:
"Learned Additional Public Prosecutor is directed to take notice for all the respondents including the Municipal Commissioner, Kancheepuram Municipality and the Town Planning Authority, Kancheepuram.
2.
Mr.A.Sardar, M.A., Commissioner, Kancheepuram Municipality is directed to be present before this Court, to explain as to whether any license is required for erecting cell phone towers, albeit in G.O.Ms.No.302, Housing and Urban Development Department dated 12.12.2002 and the letter dated 26.03.2009 from the Secretary to the Government of Tamil Nadu, Energy Department.
3. Registry is directed to issue summons to Mr.A.Sardar, M.A., Commissioner, Kancheepuram Municipality to be present before this Court on 10.08.2016.
Post on 10.08.2016."
4. Today, Mr.S.Murali, Town Planning Officer, Kancheepuram Municipality is present.
5. The learned counsel appearing for the petitioner submitted that the Commissioner, Kancheepuram Municipality, has issued a letter dated 12.01.2016 to the petitioner stating that there is no licence required for erecting cell phone towers in view of
G.O.Ms.No.302, Housing and Urban Development Department dated 12.12.2002 and the letter dated 26.03.2009 issued by the Secretary to the Government of Tamil Nadu Energy Department.
6. In view of the above, the third respondent Police is directed to look into the nature of the petition and give police protection as sought for by the petitioner.
With the above direction, this Criminal Original Petition is closed."
Following the same, this Criminal Original Petition also is closed directing the third respondent police to look into the nature of the petition and give police protection, as sought by the petitioner.
s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar cad To The Superintendent of Police District Police Office The Deputy Superintendent of Police Bhavani Sub Division The Inspector of Police Bhavani Police Station Bhavani, Erode District The Municipal Commissioner Bhavani, Erode District The District Collector District Collector Office
The Town Planning Authority Bhavani The Panchayat President Ooratchikottai Panchayat Bhavani The Public Prosecutor Madras High Court Chennai 600 104 +1 CC Mr. K. Govindarajan, Advocate Sr.No.50342 Crl.O.P. No.20013 of 2016 CTK (CO) MD : 09/09/2016