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Madras High CourtWP(MD)/1194/2021disposed of

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

2021-02-22Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA M/s.Reliance Jio Infocomm Limited, having its Circle Office at A1 Tower, 8th Floor, 89-90, Dr.Radhakrishnan Salai, Mylapore, Chennai-600004, represented by its Manager, D.Elamurugan

...Petitioner

/Vs./ 1.The Superintendant of Police, District Police Office, Pudukkottai.

2.The Deputy Superintendant of Police, Pudukkottai Sub Division, Pudukkottai.

3.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai.

4.The District Collector, District Collector Office, Pudukkottai.

5.The Municipal Commissioner, Municipal Corporation, Pudukkottai.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents 1 to 3 to give police protection to the petitioner company to erect transmission cell phone tower, to install telecommunication electrical and electronics equipments, OFC Cable and also to do maintenance work on BTS transmission Tower in Old Survey No.122/L1A, New Survey No.58/7, Present Sub-Division Survey No.58/7A, Vivekanantha Nagar, Collector Office Post, Pudukkottai North, Pudukkottai District - 622005.

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For Petitioner : Mr.K.Govindarajan For Respondent Nos.1 to 4 : Mr.S.Chandra Sekar Additional Public Prosecutor

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 tower in the land in Old Survey No.122/L1A, New Survey No.58/7, Present Sub-Division Survey No.58/7A, Vivekanantha Nagar, Collector Office Post, Pudukkottai North, Pudukkottai District.

2. Mr.S.Chandrasekar, learned Additional Public Prosecutor accepts notice on behalf of the respondents 1 to 4.

3. The main grievance of the petitioner is that though they got necessary permission from the concerned Authorities to erect a mobile tower in Old Survey No.122/L1A, New Survey No.58/7, Present Sub-Division Survey No.58/7A, Vivekanantha Nagar, Collector Office Post, Pudukkottai North, Pudukkottai District, the residents in and around Old Survey No.122/L1A, New Survey No.58/7, Present SubDivision Survey No.58/7A, Vivekanantha Nagar, Collector Office Post, Pudukkottai North, Pudukkottai District, are preventing the petitioner from erecting the mobile phone tower.

4. It is the submission of Mr.K.Govindarajan, learned counsel for the petitioner that the representation submitted by the petitioner to the third respondent, the Inspector of Police, Thirugokarnam Police Station, Pudukkottai, seeking for police protection, has not been considered till date.

5. In the facts and circumstances, there shall be a direction to the respondents 1 to 3 to provide adequate police protection to the petitioner for erection of the cell phone tower. The third respondent police shall ensure that the entire process goes smoothly without giving raise to any law and order problem. The petitioner shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the third respondent police towards police protection. The fourth and fifth respondents shall co-operate with the respondents 1 to 3.

6. With the above observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) SM 2/3

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, Pudukkottai.

2.The Deputy Superintendant of Police, Pudukkottai Sub Division, Pudukkottai.

3.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai.

4.The District Collector, District Collector Office, Pudukkottai.

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

+1 CC to Mr.K.GOVINDARAJAN, Advocate ( SR-7061[F] dated 24/02/2021 ) Order made in 22.02.2021 KUN(CO) SRS (04/03/2021) 3P : 7C 3/3