M/S.Indus Towers Limited v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s INDUS TOWERS LIMITED., No.5(NP), ESPEE, IT Park, V Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097.
Rep.by its Asst. Legal Manager, Mr.S.Prasanna ... Petitioner Vs.
1. The District Collector, Thiruvarur District, Thiruvarur.
2. The Superintendent of Police, District Police Office, Thiruvarur District.
3. The Inspector of Police, Law & Order, Semangalam Police Station, Thiruvarur District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st respondent to grant permission to the petitioner by considering the petitioner's 1/8
application dated 30.05.2022 for the mobile phone tower erection and operation work of the petitioner at the premises comprised in S.No.65A/5 & 65A/6, Sithanallur Village, Semangalam Village and Panchayat, Thiruvarur Panchayat Union, Thiruvarur Taluk, Thiruvarur District, Measuring 1600 Sq.ft, vacant land, in the light of the order passed by this Hon'ble Court in W.P.No.12971 of 2020 and consequently direct the 2nd & 3rd respondents to provide necessary police protection to the petitioner for their mobile phone tower erection and operation work in the said premises.
For Petitioner : Mr.S.Anil Sandeep For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****
O R D E R
This petition has been filed for a direction to the respondents to provide police protection to erect transmission Cell Phone Tower and to install all the telecommunication electrical & electronic equipments, OFC cable and its maintenance work on the said BTS transmission Tower at S.No.65A/5 & 65A/6, Sithanallur Village, Semangalam Village and Panchayat, Thiruvarur Panchayat Union, Thiruvarur Taluk, Thiruvarur District, the petitioner undertakes to pay necessary charges. 2/8
2.The case of the petitioner is that the petitioner is engaged in the business of providing broadband Internet services and other allied services throughout India. For the said purpose, cell phone towers are going to be erected. The petitioner had also entered into a lease agreement with the owner of the property and had taken steps to install the cell phone tower. Already, the Government of Tamil Nadu has granted exemption to all the Telecom companies to install the cell phone towers by virtue of Government Order passed in G.O.Ms.No.2, dated 01.04.2002.
3.When the petitioner attempted to erect the cell 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 dated 30.05.2022 to the 3rd respondent Police to provide them with protection. However, the 3rd respondent Police had not acted upon the said complaint and therefore, the present Criminal Original Petition has been filed. 3/8
4.The learned counsel appearing for the petitioner would submit that the issue involved in this 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. 5.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.
24.02.2016 to the first respondent police seeking police protection, for which C.S.R.No.42 of 2016 and since the same has not been considered so far, he has come up with the present petition for the relief stated 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."
6.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 5/8
installed on mere apprehensions.
7.For the reasons stated above, there shall be a direction to the 3rd respondent police to provide police protection to the petitioner for erection of the cell phone tower. The 3rd respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem and the petitioner shall pay a cost of Rs.10,000/- (Rupees Ten thousand only) to the respondent police towards police protection.
8.This writ Petition is disposed of with the above direction. 11.07.2023 Index : Yes/No Speaking order:Yes/No rka To
1. The District Collector, Thiruvarur District, Thiruvarur.
2. The Superintendent of Police, District Police Office, Thiruvarur District.
6/8
3. The Inspector of Police, Law & Order, Semangalam Police Station, Thiruvarur District N.ANAND VENKATESH, J rka Writ Petition No.20330 of 2023 7/8
11.07.2023 8/8