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Madras High CourtCRL OP/7306/2016disposed of

M/S.Viom Networks Limited v. The Inspector Of Police

2016-04-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.7306 of 2016 M/s.VIOM Networks Limited, having its office at No.45, Damodaran Street, South Usman Road, Chennai - 600 017 represented by its Legal Officer, Mr.N.Senathipathi .. Petitioner .. Vs ..

The Inspector of police, Soolur Police Station, Coimbatore District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to give adequate police protection to the petitioner's company to complete installation and commissioning of the telecommunication tower at No.301/2, Kannambalayam Village, Coimbatore District as per the petitioner's complaint dated 22.03.2016.

For Petitioner : Mr.L.Baskaran For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondent herein to give adequate police protection to the petitioner's company to complete installation and commissioning of the telecommunication tower at No.301/2, Kannambalayam Village, Coimbatore District as per the petitioner's complaint dated 22.03.2016.

2. The learned counsel for the petitioner would submit that the petitioner's company has been engaged in the business of installing and operating telecommunication towers and https://hcservices.ecourts.gov.in/hcservices/

infrastructure through India for mobile operators. He would also submit that the petitioner's Company entered into an agreement dated 30.12.2015 with one T.Prakash for installation of Cell Phone tower. It is further submitted by the learned counsel for the petitioner that at the time the erection of cell phone tower is nearing the stage of its completion, public 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 25.02.2016 to the first respondent police seeking police protection, for which C.S.R.No.70 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 two weeks from the date of receipt of copy of this order.

5. With the above directions, this Criminal Original Petition is disposed of.

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of police, Soolur Police Station, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

+ 1 CC TO M/s.L.BASKARAN, ADVOCATE SR 20983 KR/15/4/16 CRL.O.P.No.7306 of 2016 https://hcservices.ecourts.gov.in/hcservices/