Atc Telecom Infrastructure Pvt Ltd v. The Deputy Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25649 of 2019 ATC Telecom Infrastructure Pvt Ltd, Represented by Authorised Signatory N.Senathipathi, "Celestial Point", No.45, Damodharan Street, Opp. to T.Nagar Bus Stand, T.Nagar, Chennai - 600017.
...Petitioner
Vs.
1. The Superintendent of Police, District Police Office, Namakkal District.
2. The Deputy Superintendent of Police, District Police Office, Namakkal District.
3. The State, Rep. by Inspector of Police (Law & Order), Tiruchengodu Town Police Station, Namakkal District.
...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to provide effective police protection to the petitioner's company to fully complete the erection of transmission of cell phone tower and to install all the telecommunication electrical and electronic equipments, cables at the open land admeasuring about 1200 Sq.ft. out of the total land situated/comprised in S.F.No.A/19/37, old S.F.No.58/2, Seetharampalayam Village, Tiruchengode Taluk and SRO, Namakkal Registration District, Namakkal-637211, on the basis of the complaint dated 02.06.2019 vide CSR.No.133/2019 dated 21.06.2019.
For Petitioner : Mr.J.Ravikumar For Respondents : Mr.C.Iyyapparaj, Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondent police to provide police protection to the petitioner's company to fully complete the erection of transmission of cell phone tower and to install all the telecommunication electrical and electronic equipments, cables, based on the complaint dated 02.06.2019.
2. In an identical case, this Court had, by an order dated 15.04.2015 in Crl.O.P.(MD).Nos.6885 and 6895 of 2015 passed the following order:- "3.Learned counsel for the petitioner relied on the decision of a Division Bench of this Court in W.P.Nos.24976 of 2008 etc., batch cases and the decision of a learned Single Judge of this Court in Crl.OP(MD) Nos.12596 to 12599 of 2014 and 12601 to 12619 of 2014 would submit that without any basis their activities cannot be stopped.
4.Learned Government Advocate (Criminal Side) on instructions submitted that the petition is pending.
5.The law regarding establishment of cell phone towers has already been dealt with in the judgments referred supra. In the absence of any illegality or unlawful activities, no one can interfere with the lawful activities of a person concerned. If there is any objection for construction and erection of cellphone towers, the objectors will have to workout their remedy in the manner known to law instead of preventing the persons concerned from putting up construction, which they are legally entitled to do so.
6.Accordingly, the criminal original petition is disposed of with a direction to the respondents to give adequate police protection, if there are no legal impediments."
The facts and the findings in the aforesaid case is applicable to the present case in hand.
3. Accordingly, this Criminal Original Petition stands allowed, directing the respondents to give adequate police protection to the petitioner for erection of cell phone tower in S.F.No.A/19/37, old S.F.No.58/2, Seetharampalayam Village, Tiruchengode Taluk and SRO, Namakkal Registration District, Namakkal-637211.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Superintendent of Police, District Police Office, Namakkal District.
2. The Deputy Superintendent of Police, District Police Office, Namakkal District.
3. The Inspector of Police (Law & Order), Tiruchengodu Town Police Station, Namakkal District.
4. The Public Prosecutor, High Court of Madras.
+1 cc to M/s.J.Ravikumar,Advocate Sr.No. 82138 AKM/25.10.19/3P-6C / Crl.O.P.No.25649 of 2019