M/S. Summit Digital Infrastructure Pvt. Ltd., v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR M/s.Summit Digital Infrastructure Pvt Ltd., (formerly known as M/s.Reliance Jio Infratel Pvt Ltd) having its Circle office at A1 Tower, 8th Floor, 89-90, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004, represented by its Authorized Signatory K.Kumaresan ... Petitioner Vs.
1.The Superintendent of Police, District Police Office, Virudhunagar.
2.The Deputy Superintendent of Police, Sivakasi Subdivision, Sivakasi.
3.The Inspector of Police, Sivakasi East Police Station, Sivakasi.
4.The District Collector, District Collector Office, Virudhunagar.
... Respondents 1/6
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 erect the cell phone transmission tower at Survey No.1051, Sivakasi Taluk, Keela Thiruthangal Village, Virudhunagar District - 626130.
For Petitioner : Mr.T.N.Karthikeyan For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R4 : Mr.J.K.Jeya Selan Government Advocate (Civil Side)
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to provide the effective police protection to the petitioner Company to erect the cell phone transmission tower at Survey No.1051, Sivakasi Taluk, Keela Thiruthangal Village, Virudhunagar District - 626130.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 3 and Mr.J.K.Jeya Selan, learned Government Advocate (Civil Side) takes notice for the fourth 2/6
respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The main grievance of the writ petitioner is that though they got necessary permission from the concerned Authorities to erect cell phone tower at Survey No.1051, Sivakasi Taluk, Keela Thiruthangal Village, Virudhunagar District, the residents in and around the said land are preventing the writ petitioner from erecting the cell phone tower and that they sought police protection by giving a representation to the third respondent dated 26.09.2022. But, the third respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.
4. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that the third respondent has received the representation of the writ petitioner and the same is pending for consideration.
5. Recording the submission made by the learned Additional Public Prosecutor, the third respondent is directed to consider the 3/6
representation of the writ petitioner dated 26.09.2022 and pass orders within a period of one week from the date of receipt of a copy of this order, in accordance with law.
6. With the above direction, this Writ Petition stands disposed of. No costs.
23.01.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Superintendent of Police, District Police Office, Virudhunagar.
2.The Deputy Superintendent of Police, Sivakasi Subdivision, Sivakasi.
3.The Inspector of Police, Sivakasi East Police Station, Sivakasi.
4.The District Collector, District Collector Office, Virudhunagar.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in Dated : 23.01.2023 6/6