Indus Towers Limited v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.12.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN W.P. No.33497 of 2023 Indus Towers Limited Rep by its Authororized Signatory Mr.S.Prasanna ... Petitioner -vs1.The District Collector, Dharmapuri, Tamil Nadu.
2.Superintendent of Police Office, 3.The Deputy Superintendent of Police, B2 Station, Dharmapuri, Tamil Nadu 636 701.
4.The Inspector of Police, B1 Police Station,
...Respondents
PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India, to issue Writ of Mandamus or any other direction in the nature of writ, directing the respondents 2 to 4 to provide necessary, effective Police Protection Page No.1/4
to the Petitioner for installing the Cell phone tower falling within the District Administration of Dharmapuri and within the Jurisdiciton of the 2nd respondent at the site premises at Survey Nos.433/1, as per Sub division S.No.433/1C2AB situated at Vellegoundanpalayam Village, within the limits of Ilakkiyampatti Village Panchayat, Dharmapuri Panchayat Union, Dharmapuri District and prevent any hindrances and obstacles from any third parties, groups, mobs. For Petitioner : Mr.P.J.Rishikesh For Respondents : Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.Side)
ORDER
The petition is filed seeking Police Protection to erect Cell phone tower, since the foundation to erect the tower has been damaged by the villagers. 2.The learned Government Advocate (Crl.Side) on instructions, states that the representation of the petitioner was enquired by the Police and the villagers have objected for erecting the tower in their village, but had given undertaking that they will not create any disturbance.
3. In view of the objections raised by the villagers, this petition is disposed of with a direction to the respondent police to forward the objections of the villagers to the District Collector, who is the competent authority to issue permission under the Telegraphic Act for erecting tower. After, getting clearance from the District Collector, the petitioner shall proceed with erecting the tower Page No.2/4
and thereafter, if there is any objections, the Police can give necessary protection.
4. It is made clear that the respondent Police shall not allow the petitioner herein to put up the erection before getting clearance from the District Collector on the objections made by the villagers. For that purpose, the respondent police is directed to send the objection letter of the villagers forthwith to the District Collector for appropriate action. It is expected that the District Collector to consider the objections and pass orders as expeditiously as possible. No costs.
08.12.2023 Internet : Yes/No Index : Yes/No rkp To 1.The District Collector, Dharmapuri, Tamil Nadu.
2.Superintendent of Police Office, 3.The Deputy Superintendent of Police, B2 Station, Dharmapuri, Tamil Nadu 636 701.
Dr.G.JAYACHANDRAN, J.
Page No.3/4
rkp 4.The Inspector of Police, B1 Police Station, 5.The Public Prosecutor, Madras High Court, Madras.
W.P. No.33497 of 2023 08.12.2023 Page No.4/4