M/S.Reliance Jioinfocomm v. The Deputy Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.14856 of 2018 M/s.Reliance JioInfocomm Limited, having its Circle office at A1 Tower,8th Floor, 89-90, Dr.Radhakrishnansalai, Mylapore, Chennai - 600 004, represented by its Legal Manager, Mr.D.Kalaimani.

...Petitioner

Vs.

1.

The Deputy Superintendent of Police Tiruvarur Sub Division, Thiruvarur District.

2.The Inspector of Police, Tiruvarur Taluk Police Station Tiruvarur District.

...Respondents

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents herein to provide police protection to the petitioner's company to erect transmission Tower at land measuring 2400 Sq.F of vacant land out of 750 sq.m of land, lying and being at in Registration District of Nagapattinam and Sub-Registrar Office of Thiruvoor faming part of the land situate, bearing S.No.Tiruvarur Disrict, Tiruvarur Taluk, Tiruvarur Block, Semangalan Village, Total Survey No.65A/5, measuring 100 sq.m Survey No.65A/6 measuring 300 sq.m Survey No.65A/8 measuring 100 sq.m, Survey No.65A/11 measuring 250 sq.m., all measuring 750 sq.m of land which is bounded North of T.Jayaraman house site, South of Pitchaikannu house site, East of T.Jayaraman land, West of Main Road together with the right of way to approach the schedule property only.

For Petitioner Mrs.L.Srileka For Respondents Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents herein to provide police protection to the petitioner's company to erect transmission tower at land measuring 2400 Sq.F of vacant land out of 750 sq.m of land, lying and being at in Registration District of Nagapattinam and Sub-Registrar Office of Thiruvoor faming part of the land situate, bearing S.No.Tiruvarur Disrict, Tiruvarur

Taluk, Tiruvarur Block, Semangalan Village, Total Survey No.65A/5, measuring 100 sq.m Survey No.65A/6 measuring 300 sq.m Survey No.65A/8 measuring 100 sq.m, Survey No.65A/11 measuring 250 sq.m., all measuring 750 sq.m of land which is bounded North of T.Jayaraman house site, South of Pitchaikannu house site, East of T.Jayaraman land, West of Main Road together with the right of way to approach the schedule property only.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents and perused the materials placed on record.

3. In a similar case, this Court has passed the following order:- "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 Hon'ble 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. 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."

4. In the light of the above, the petitioner is directed to give a fresh representation in person to the respondent police and on receipt of the same, the respondent police is directed to consider the representation and take action in accordance with law, by giving police protection, provided the petitioner produces sufficient materials in support of its claim.

With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar To 1.The Deputy Superintendent of Police Tiruvarur Sub Division, Thiruvarur District.

2.The Inspector of Police, Tiruvarur Taluk Police Station Tiruvarur District.

3. The Public Prosecutor High Court, Madras.

+1cc to M/s.L.Srileka, Advocate Sr.No.35813 SV(CO) sm:19.6.2018 Crl.O.P. No.14856 of 2018