M/S.Ascend Telecome Infrastructure Private Ltd v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2023
CORAM:
THE HON'BLE DR.JUSTICE G. JAYACHANDRAN M/s.Ascend Telecom Infrastructure Private Ltd., Rep.by its Authorized Signatory, Mr.Tamilselvan, Having Office address at Old No.32, New No.54, Butt Road, St.Thomas Mount, Near Kathipara Junction, Chennai - 600 016.
...Petitioner
Vs.
1.
The District Collector, Collectorate Kallakurichi - 606 206.
The Superintendent of Police, Kallakurichi - 606 202.
3.
The Inspector of Police, Pagandai Kootusalai Police Station, Kallakurichi District - 605 801.
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India seeking for a writ of mandamus, to direct the second and third respondent to provide effective police protection for the mobile phone tower erection and operation work of the petitioner at the premises being a portion of land of 1200 sq.ft. vacant land out of the 1833 sq.ft comprised in new survey 1/4
no.155/2 old survey no.41A/6 of land property at Kallakurichi registration District, Sankarapuram sub registration district in the boundary of Kallakurchi district, Sankarapura, Taluk, Ariyalur village, in the light of the order passed by this Court in W.P.(MD).No.12971 of 2020 dated 16.10.2020.
For petitioner :
Mr.Karpagam For Respondents :
S.Udaya Kumar :
Government Advocate (Crl.Side)
O R D E R
The petitioner, which is Telecom company, wants to erect a signal tower against the wish of the local public, for which, they seek police protection.
The Indian Telegraph Act, 1885, provides for a procedure to enter upon the land of others. Without resorting to the said procedure, the said private place cannot be entered with police protection, that too, against the wish of the public of that locality.
In view of the above, writ petition stands dismissed. No costs. 09.10.2023 vca Internet : Yes/No Index : Yes/No 2/4
To:
1.
The District Collector, Collectorate Kallakurichi - 606 206.
The Superintendent of Police, Kallakurichi - 606 202.
3.
The Inspector of Police, Pagandai Kootusalai Police Station, Kallakurichi District - 605 801.
4.
The Public Prosecutor, High Court Madras, Chennai.
3/4
DR.G. JAYACHANDRAN, J.
vca 09.10.2023 4/4