Indus Towers Ltd., 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, Madurai.
2.The Deputy Superintendent of Police, Tirupprankundram Sub Division, Madurai.
3.The Inspector of Police, Avaniyapuram Police Station, Madurai.
4.The District Collector, District Collector Office, Madurai.
5.The Municipal Commissioner, Municipal Corporation, Madurai.
... 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.411/1, Villapuram Colony, Avaniyapuram, Madurai - 625 011. For Petitioner :(*)Mr.T.N.Karthikeyan, For Respondents :Mr.S.Chandrasekar, Additional Public Prosecutor 1/3
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.411/1, Villapuram Colony, Avaniyapuram, Madurai.
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.411/1, Villapuram Colony, Avaniyapuram, Madurai, the residents in and around S.F.No.411/1, Villapuram Colony, Avaniyapuram, Madurai 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, Avaniyapuram Police Station, Madurai 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 (Crl Side) (*) corrected as per order of this Hon'ble Court dated 22.03.2021 Sd/- Assistant Registrar (Crl Side) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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 (*)To be substituted the order already despatched on 04.03.2021 1.The Superintendent of Police, District Police Office, Madurai.
2.The Deputy Superintendent of Police, Tirupprankundram Sub Division, Madurai.
3.The Inspector of Police, Avaniyapuram Police Station, Madurai.
4.The District Collector, District Collector Office, Madurai.
5.The Municipal Commissioner, Municipal Corporation, Madurai.
05.02.2021 mj(CO) KK(02.03.2021) 3P 6C TR(31.03.2021) 3P 6C 3/3