Madras High CourtCRL OP(MD)/4609/2015disposed of

M/S.Atc India Tower Corp.Ltd. v. The Superintendent Of Police

2015-04-17Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.4609 of 2015 M/s.ATC India Town Corporation(P) Ltd., Rep. by its Authorised Signatory, Ramesh Pallissery, Circle Operation Head, Circle Office at 443/304, Guna Complex, Annexure -1, Third Floor, Anna Salai, Teynampet, Chennai - 600 018. ... Petitioner Vs 1.The Superintendent of Police, Virudhunagar District, Collectorate Building, Virudhunagar.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar. ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the respondents to give protection to the petitioner to complete installation and commissioning of telecommunication tower at T.S.No.38, Ward No.1, Door No.16/4-26 Perali Road, LPS Nagar, Near T.T.K.LRC, Virudhunagar, Virudhunagar District - 626 001, as per the petitioner's complaint, dated 07.03.2015.

For Petitioner : Mr.M.Saravanan For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the respondents to give protection to the petitioner to complete the installation and commissioning of telecommunication tower at T.S.No.38, Ward No.1, Door No.16/4-26 Perali Road, LPS Nagar, Near T.T.K.LRC, Virudhunagar, Virudhunagar District - 626 001, as per the petitioner's complaint, dated 07.03.2015.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner would submit that the issue involved in this case is no longer res integra in W.P.No.24976 of 2008, vide order, dated 05.03.2015.

4. In the absence of any legal right, the legal right of the petitioner to complete the installation and commissioning of telecommunication tower cannot be interfered with. Further, there is no record to show that the petitioner is doing the act illegally.

5. The learned counsel for the petitioner made reliance upon the orders of this Court in Crl.O.P(MD)No.26229 of 2012, vide order dated 07.11.2012 and Crl.O.P(MD)No.7244 of 2014, vide order dated 15.04.2014, wherein similar orders have been passed in favour of the petitioners therein.

6. Accordingly, the present petition is ordered directing the second respondent to give police protection to the petitioner to complete the installation and commissioning of telecommunication tower. SD/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar pm To 1.The Superintendent of Police, Virudhunagar District, Collectorate Building, Virudhunagar.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar.

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

+1cc to Mr.M.Saravanan,Advocate in Sr NO.19791 Crl.O.P(MD).No.4609 of 2015 17.04.2015 rg.27.04.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/