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Madras High CourtWP(MD)/253/2023disposed of

M/S.Reliance Jio Infocomm Ltd v. The Superintendent Of Police

2023-01-05Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No. 253 of 2023 M/s.Reliance Jio Infocomm Ltd, [Formerly M/s.Jio Digital Fibre (P) Ltd] having its Circle Office at A1 Tower, 8th Floor, 89-90,Dr Radhakrishnan Salai, Mylapore, Chennai - 600 004, rep. by its authorized Signatory, K.Kumaresan.

... Petitioner Vs.

1.The Superintendent of Police, District Police Office, Kanyakumari.

2.The Deputy Superintendent of Police, Nagercoil Sub Division, Nagercoil.

3.The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

4.The Municipal Commissioner, Nagercoil Corporation, Nagercoil.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to provide the effective police protection to the petitioner Company to lay the OFC Optical Fiber Cables and its maintenance work to connect the respective BTS transmission Towers to convert the 4 G Towers to 5 G situated at Simon Nagar, Nethaji Nagar, Hanefa Nagar and Jothi Street within the limit of Nagarcoil Corporation and the Nesamony Nagar Police Station jurisdiction limit, Kanyakumari District.

For Petitioner : Mr.T.N.Karthikeyan, For Respondents : Mr.M.Muthu Manikkam, Government Advocate (Criminal Side) for R1 to R3.

: Mr.J.K.Jayaseelan, Government Advocate (Civil Side) for R4.

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents 1 to 3 herein to provide the effective police protection to the petitioner Company to lay the OFC Optical Fiber Cables and its maintenance work to connect the respective BTS transmission Towers to convert the 4 G Towers to 5 G situated at Simon Nagar, Nethaji Nagar, Hanefa Nagar and Jothi Street within the limit of 2/5

Nagarcoil Corporation and the Nesamony Nagar Police Station jurisdiction limit, Kanyakumari District.

2. The learned Government Advocate (Civil Side) appearing for the fourth respondent would submit that the fourth respondent/District Collector has already issued necessary permission vide proceedings, dated 31.08.2021. He would further submit that the petitioner's representation, dated 22.09.2022, is pending before the third respondent.

3. In view of the above submission made by the learned Government Advocate (Civil Side), the third respondent is directed to consider the petitioner's representation and pass orders in accordance with law within a period of one week from the date of receipt of copy of this order.

4. With the above direction, this Writ Petition stands disposed of. No costs.

05.01.2023 NCC :Yes/No Index : Yes / No Internet : Yes / No 3/5

das To 1.The Superintendent of Police, District Police Office, Kanyakumari.

2.The Deputy Superintendent of Police, Nagercoil Sub Division, Nagercoil.

3.The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

4.The Municipal Commissioner, Nagercoil Corporation, Nagercoil.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

K.MURALI SHANKAR,J.

das Order made in Dated: 05.01.2023 5/5