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Madras High CourtWP(MD)/873/2021disposed of

M/S.Indus Towers Limited v. The Superintendent Of Police

2021-01-21Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21.01.2021 PRESENT THE HONOURABLE MRS.JUSTICE R.HEMALATHA M/s.Indus Towers Limited, having its circle office at 5(NP), ESPEE, IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai-600 097.

Represented by its Assistant Legal Manager, S.Prasanna ... Petitioner Vs.

1.The Superintendant of Police, District Police Office, Tirunelveli.

2.The Deputy Superintendant of Police, Tenkasi Sub Division, Tirunelveli.

3.The Inspector of Police, Tenkasi Police Station, Tirunelveli.

4.The District Collector, District Collector Office, Tirunelveli.

5.The Municipal Commissioner, Municipal Corporation, Tirunelveli.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, to direct the respondents 1 to 3 to provide the effective police protection to the petitioner company to erect transmission cell phone tower and to install the telecommunication electrical & electronic equipments, OFC Cable and its maintenance work on the said BTS transmission Tower at Tenkasi Taluk, Municipal Limit, Puliyur Village, Melapuliyur, Madhankovil 1st Street, Tenkasi Municiapl Ward No.28, old Door No. 87 in New door No.336 Natham S.F. No.951 & 690, present Town Survey Ward No.D, Block No.6, T.S.No.140 limit, Tirunelveli District and direct the Respondents 4th & 5th to co - opperate with Respondents 1 to 3 and pass such other directions or orders as this court may deem fit.

For Petitioner : Mr.K.Govindarajan For Respondents : Mr.R.Saravanakumar Government Advocate (Criminal side) 1/3

ORDER

The present petition is filed seeking for a direction to the respondents 1 to 3 to give police protection to erect transmission cell phone towers in the land in S.F.Nos.950 & 960, Ward No.28, Old Door No.87, New Door No.336, Madhankovil 1st Street, Melapuliyur, Puliyur Village, Tenkasi Taluk, Tirunelveli District. 2.Mr.R.Saravanakumar, learned Government Advocate (Criminal side) who accepts notice on behalf of the respondents, on instructions, would contend that the representation given by the petitioner is registered as C.S.R.No.1375 of 2020 and posted for enquiry.

3.In the facts and circumstances, the third respondent is directed to dispose of the said petition, within a period of four weeks from the date of receipt of a copy of this order / uploading of the order.

4.With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendant of Police, District Police Office, Tirunelveli.

2.The Deputy Superintendant of Police, Tenkasi Sub Division, Tirunelveli.

2/3

3.The Inspector of Police, Tenkasi Police Station, Tirunelveli.

4.The District Collector, District Collector Office, Tirunelveli.

5.The Municipal Commissioner, Municipal Corporation, Tirunelveli.

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

+1 CC to Mr.K.GOVINDARAJAN, Advocate ( SR-1895[F] dated 22/01/2021 ) 21.01.2021 VB (10.02.2021) 3P 8C 3/3