Madras High CourtCRL OP(MD)/8004/2015disposed of

M/S.Reliance Jio Infocomm Ltd. v. The Inspector Of Police

2015-04-27Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.8004 of 2015 1.M/s.Reliance Jio Infocomm Limited, rep. by its Legal Manager D.Kalaimani.

2.Mathiyalagan ... Petitioners Vs.

The Inspector of Police, Temple Police Station, Tiruchendur, Thoothukudi District. ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondent herein to provide police protection to the first petitioner's company to erect the Transmission Tower at second petitioner's property situated at Tiruchendur, Ambedkar Street, Thoppur, Thoothukudi District.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

The petitioner herein seeking police protection to erect the transmission tower at Tiruchendur, Ambedkar Street, Thoppur, Thoothukudi District .

2. The learned counsel for the petitioner submitted that as the petitioner is legally entitled to erect the tower, there cannot be any objection from any third party.

3. The learned counsel for the petitioner submitted that the Division Bench of this Court has dismissed the writ petition filed by various persons involving the similar issues and there is no law prohibiting the erection of cell phone tower. The learned counsel for the petitioner also relies upon the order of this Court in Crl.O.P.(MD).Nos.12680, 12681 and 12682 of 2014 dated 11.07.2014.

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4. Considering the submissions made, without going into the merits of the case, it is hereby ordered that so long as the petitioner carries on legal activities in accordance with law, he cannot be prevented from doing so. For such activities, the petitioner is entitled for appropriate police protection. Accordingly, a direction is issued to the respondent police to give adequate police protection to the petitioner, in the light of the observations made, as and when required.

5. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Temple Police Station, Tiruchendur, Thoothukudi District.

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

+One cc to Mr.R.G.Shankar Ganesh, Advocate, SR.No.22981 pjl RL/4 c- 11/5/2015 Crl.O.P.(MD)No.8004 of 2015 27.04.2015 https://hcservices.ecourts.gov.in/hcservices/