M/S. Ascend Telecom Infrastructure Private Limited v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.33090 of 2019 M/s.Ascend Telecom Infrastructure Private Limited, Represented by its Authorized Signatory, Mr.G.Manikandan

...Petitioner

-Vs1. The Superintendent of Police, Villupuram.

2. The Inspector of Police, C3, Roshanai Police Protection, Roshanai, Tindivanam, Villupuram District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the lease site namely Site ID.No.10169 situated at Tindivanam Registration District, Tindivanam Joint 1 Sub Registration District and Taluk, Tindivanam Village, Plot No.30 comprised in Punja Survey No.142/2 Acre 2.24 cent out of Acre 4.53 in the lay out Manikkam Nagar measuring to an extent of 1320 sq.ft.

For Petitioner : Mr.A.M.Venkatakrishan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed for a direction to the respondent police to provide effective police protection to the petitioner's company to complete the erection of transmission cell phone tower and to install all the telecommunication electrical and electronic equipments, cables at the open land admeasuring about 2.24 acre out of the total land situated/comprised in Survey No.142/2, in the layout Manikkam Nagar, Plot No.30, Tindivanam Village and Taluk measuring to an extent of 1320 sq.ft, on the basis of the

complaint dated 12.11.2019 vide CSR No.551 of 2019 dated 13.11.2019.

2.The case of the petitioner is that the petitioner is engaged in the business of providing broadband Internet services and other allied services throughout India. For the said purpose, cell phone towers are going to be erected. The petitioner had also entered into a lease agreement with the owner of the property and had taken steps to install the cell phone tower. Already, the Government of Tamil Nadu has granted exemption to all the Telecom companies to install the cell phone towers by virtue of Government Order passed in G.O.Ms.No.302, dated 12.12.2002.

3.When the petitioner attempted to erect the cell phone tower, the residents of the area came to the spot and started causing hindrance to the company officials from carrying out the construction work. The petitioner also gave a representation dated 12.11.2019 to the 2nd respondent Police to provide them with protection. However, the 2nd respondent Police had not acted upon the said complaint and therefore, the present Criminal Original Petition has been filed. 4.The learned counsel appearing for the petitioner would submit that the issue involved in this petition is covered by the earlier Judgments of this Court. The learned counsel brought to the notice of this Court the order passed by this Court in Crl.O.P.No.16618 of 2018, wherein the very same petitioner was a party.

5.It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, which is extracted hereunder:- "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 Honourable 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."

6.This Court has consistently taken the view that no one can be prevented from erecting the cell phone towers on a mere apprehension about the effect of radiation from the cell phone tower. The apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions.

7.For the reasons stated above, there shall be a direction to the 2nd respondent police to provide police protection to the petitioner for erection of the cell phone tower. The 2nd respondent police shall ensure that the entire process goes on in a smooth manner, without giving rise to any law and order problem and the petitioner shall pay a cost of Rs.10,000/- (Rupees Ten thousand only) to the respondent police towards police protection.

8.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Vv To

1. The Superintendent of Police, Villupuram.

2. The Inspector of Police, C3, Roshanai Police Protection, Roshanai, Tindivanam, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.M.Venkatakrishnan, Advocate SR.102861 Crl.OP.No.33090 of 2019 SR(CO) CB(31/01/2020)