M/S Tower Vision India Private Ltd., v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR M/s.Tower Vision India Private Ltd., Rep.by its Authorized Signatory, B.Kaladharan, Manager, Having Office address at Basement No.28, AMG Tower, Lawyer Jeganathan Street, Alandur, Chennai - 600 16.
... Petitioner Vs 1.The District Collector, Thanajvur District, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to provide effective police protection to the petitioner's company and its staff, subordinate and to erect transmission cell phone tower in the land space admeasuring about 1000 sq.ft., situated at in Old 1/5
Survey No.115B/7 Part, New Survey No.155B/21, as per patta No.899 in 3/628 at Ambalakara Street, Pillaiyarpatti, Thanjavur District on the basis of the complaint filed by the petitioner, dated 17.11.2022. For Petitioner : Mr.C.Padmaraj, For Respondents : Mr.J.K.Jeyaseelan, Government Advocate (Civil Side), for R1.
: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R2 and R3.
O R D E R
The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents to provide effective police protection to the petitioner's company and its staff, subordinate and to erect transmission cell phone tower in the land space admeasuring about 1000 sq.ft., situated at in Old Survey No.115B/7 Part, New Survey No. 155B/21, as per patta No.899 in 3/628 at Ambalakara Street, Pillaiyarpatti, Thanjavur District on the basis of the complaint filed by the petitioner, dated 17.11.2022.
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2. The main contention of the petitioner is that though they have got necessary permission from the competent authorities to erect a mobile tower in the land space admeasuring about 1000 sq.ft., situated in Old Survey No.115B/7 Part, New Survey No.155B/21, as per patta No.899 in 3/628 at Ambalakara Street, Pillaiyarpatti, Thanjavur District, the residents in and around the said area are preventing the petitioner from erecting the mobile tower.
3. The learned counsel for the petitioner would further submit that the representations submitted to the third respondent, has not been considered till now.
4. Considering the above facts and circumstances of the case, the respondents 1 and 2 are directed to provide police protection to the petitioner for erection of cell phone tower and the respondents 1 and 2 shall ensure that the entire process goes smoothly without giving any room for law and order problem. The petitioner is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the second respondent for providing police protection.
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5. With the above directions, the Writ Petition stands disposed of. No costs.
03.02.2023 NCC : Yes/ No Index : Yes/No Internet : Yes/ No das To 1.The District Collector, Thanajvur District, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J das Order made in 03.02.2023 5/5