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Madras High CourtWP(MD)/7264/2025disposed of

M/S.Indus Towers Limited v. The District Collector

2025-03-18Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL M/s.Indus Towers Limited, No.5(MP). ESPEE, IT Park, V Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097, Represented by its Senior Executive - Legal / authorized signatory Mr.Paridhi Aruasu. K.N. ... Petitioner Vs.

1. The District Collector,

2. The Superintendent of Police, O/o.The Superintendent of Police, Nagerkoil 629 001,

3. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kanyakumari,

4. The Inspector of Police, Law and Order, Marthandam Police Station,

5. The Inspector of Police, Law and Order, Page No. 1 of 6

Kottar Police Station, Kottar, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents 2 to 5 to provide necessary police protection to the petitioner for the erection of mobile phone tower and operation work in the premises comprised in Survey Filed No.90/14, 2A Nattalam Village, Mulankuzhi, Valvancode Taluk, Kanniyakumari District admeasuring 1350 sq.ft and in Survey filed No. P21/6 and in Old Survey filed No.1608 Easwarapuram, Kottar, Nagercoil, Agaestheeswaram, Kanniyakumari District admeasuring 500 sq.ft forthwith on the basis of the complaints dated 21.01.2025, 14.02.2025 made by the petitioner to the respondents 4 and 5. For Petitioner : M.Ponniah For R1 : Mr.M.Senthil Ayyanar Government Advocate For R-2 to 5 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to direct the respondents no.2 to 5 to provide police protection to the petitioner for the erection of mobile phone tower and operation work in the premises comprised in S.F.No.90/14, 2A Nattalam Village, Mulankuzhi, Page No. 2 of 6

Valvancode Taluk, Kanniyakumari District and in S.F.No. P21/6 and in Old S.F.No.1608 Easwarapuram, Kottar, Nagercoil, Agaestheeswaram, Kanniyakumari District, on the basis of the complaints dated 21.01.2025 and 14.02.2025.

2. The learned counsel appearing for the petitioner would submit that he entered into agreement with the owners of the properties in S.F.No.90/14, 2A, Nattalam Village, Mulankuzhi, Valvancode Taluk and in S.F.No. P21/6 and in Old S.F.No.1608, Easwarapuram, Kottar, Nagercoil, Agaestheeswaram and the 1st respondent has also issued license after satisfying with all the legal requirements that have been complied with. While so, the public restraining the petitioner from erecting the towers and thereby, the petitioner sent representation dated 21.01.2025 and 14.02.2025, but the same have not been considered. But the respective respondents. Hence this petition.

3. The learned Government Advocate appearing for the 1st respondent would submit that already they granted permission to erect the towers in the particular place.

Page No. 3 of 6

4. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.2 and 5 would submit that they received the complaints and issued C.S.R.Nos.95 of 2025 and C.S.R.No.197 of 2025 and the same are pending. They will consider the representation of the petitioner and act in accordance with law.

5. Since the prayer of the petitioner is to consider the representation of the petitioner for grant of police protection, and already the petitioner has also got license from the 1st respondent for erection of the towers and the respondents nos.4 and 5 have also admitted the receipt of complaints from the petitioner and the same are under consideration, it is for the respondents no.4 and 5 to consider the representation of the petitioner dated 21.01.2025 and 14.02.2025 in the light of the license already granted to the petitioner by the 1st respondent. In view of the same and recording the above said submission of the learned Additional Public Prosecutor, this Court directs the respondents no. 4 and 5 to dispose of the representation of the petitioner dated 21.01.2025 and 14.02.2025 in terms of license granted to the petitioner by the 1st respondent within a period of fifteen [15] days from the date of this order Page No. 4 of 6

6. With the above said observations and directions, this writ petition is disposed of. No costs.

18.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac To

1. The District Collector,

2. The Superintendent of Police, O/o.The Superintendent of Police, Nagerkoil 629 001,

3. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kanyakumari,

4. The Inspector of Police, Law and Order, Marthandam Police Station,

5. The Inspector of Police, Law and Order, Kottar Police Station, Kottar, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL, J.

Mac 18.03.2025 Page No. 6 of 6