M/S.Indus Towers Limited v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2021
CORAM:
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 Superintendent of Police, District Police Office, Pudukkottai.
2.The Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai.
3.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.
4.The District Collector, District Collector Office, 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 S.F.No.187-1A5, Alangudi Road, Pudukottai Town, Senthamil Nagar, Near Star Hospital, Pudukottai - 622 001.
For Petitioner : Mr.K.Govindarajan For Respondents : Mr.S.Chandrasekar, Additional Public Prosecutor
O R D E R
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 S.F.No.187-1A5, Alangudi Road, Pudukottai Town, Senthamil Nagar, Near Star Hospital, Pudukottai.
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2. Mr.S.Chandrasekar, learned Additional Public Prosecutor accepts notice on behalf of the respondents.
3. The main grievance of the petitioner is that though they got necessary permission from the concerned Authorities to erect a mobile tower in S.F.No.187-1A5, Alangudi Road, Senthamil Nagar, Near Star Hospital, Pudukottai, the residents in and around S.F.No.187-1A5, Alangudi Road, Senthamil Nagar, Near Star Hospital, Pudukottai 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, Ganesh Nagar 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 respondent 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(AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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.
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To 1.The Superintendent of Police, District Police Office, Pudukkottai.
2.The Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai.
3.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.
4.The District Collector, District Collector Office, Pudukkottai.
05.02.2021 TP(CO) TR(04.03.2021) 3P 5C 3/3