M/S Tower Vision India Pvt.Ltd., v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M/s. Tower Vision India Pvt Ltd, Rep by its Authorized Signatory, Mr.B. Kaladharan - Manager, Having Office at Basement No.28, AMG Tower, Lawyer Jagannathan Street, Alandur, Chennai - 600 016.
... Petitioner Vs.
1. The Superintendent of Police, Mayiladuthurai District.
2. The Inspector of Police, Sirkali Police Station, Mayiladuthurai District.
Tamil Nadu - 609 110. ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue Writ of mandamus to provide effective police protection to the petitioner company's personnel, vendors & contractors for installation of cell phone towers in respect of work site bearing property Survey No.671, Thirumullaivasal Village, Seerkazhi Taluka Ooratchi Ondriyam, Mayiladuthurai, presently Nagapattinam District - 609 113 based on the complaint dated 27.09.2023.
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For Petitioner : Mr.A.M.Amutha Ganesh For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Writ Petition is filed seeking direction for installation of tower, which is erected in the temple land and it is opposed by the villagers.
2. The learned Government Advocate (Crl. Side) submitted that, the tower was erected in the year 1984 and now the villagers are protesting against it.
3. It appears that, the land over which the tower located is belongs to HRCE Department and lease has been given to petitioner's company by local temple fit person. Since the lease is above five years, necessary permission should have been obtained and it is not sure whether such permission is obtained. Under such circumstances, objections by the villagers will be lawful one. Therefore, this Court is not inclined to entertain this petition.
4. Accordingly, this Writ Petition is dismissed. 2/4
29.11.2023 Index : Yes/No Sma To
1. The Superintendent of Police, Mayiladuthurai District.
2. The Inspector of Police, Sirkali Police Station, Mayiladuthurai District.
Tamil Nadu - 609 110.
3. The Public Prosecutor, High Court of Madras, Chennai.
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Dr.G.JAYACHANDRAN,J.
sma 29.11.2023 4/4