Madras High CourtWP Crl.(MD)/2612/2025disposed of

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

2025-12-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Writ Petition Crl.(MD)No.2612 of 2025 INDUS TOWERS Limited, No.5 (NP), ESPEE, IT Park, V Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai 600 097.

rep., by its Authorized Signatory, Mr.Paridhi Arasu K.N.

..Petitioner Vs 1.The District Collector, 2.The Superintendent of Police, Virudhunagar, 3.The Deputy Superintendent of Police, Sivakasi Division, 4.The Deputy Superintendent of Police, Srivilliputhur Division, 5.The Inspector of Police, Law and Order, Srivilliputhur Police Station, Srivilliputhur, 1/6

6.The Inspector of Police, Law and Order, Thiruthangal Police Station, Thiruthangal, ..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 2 to 6 to provide necessary police protection to the petitioner for their mobile phone tower installation and operation work in the premises comprised in Old S.Nos. 301/1A1A1A & 301/1B, New S.No.301/45, measuring 1600 sq.ft of land in North Srivilliputhur Village, Srivilliputhur Taluk, Virudhunagar District, the premises comprised in S.F.No.1203, measuring 1200 sq.ft of land situated at Thiruthangal Village, Melarathavethi, Virudhunagar District, forthwith on the basis of the complaints made by the petitioner to the respondents 5 and 6 dated 13.11.2025.

For Petitioner : Mr.M.Ponniah For R2 to R6 : Mr.A.S.Abul Kalaam Azad Government Advocate (crl.side) For R1 : Mr.M.Muthu Manickam Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the respondents 2 to 6 to provide necessary police protection to the petitioner for their mobile phone tower installation and operation work in the premises comprised in Old S.Nos.301/1A1A1A & 301/1B, New S.No.301/45, measuring 1600 sq.ft of land 2/6

in North Srivilliputhur Village, Srivilliputhur Taluk, Virudhunagar District, the premises comprised in S.F.No.1203, measuring 1200 sq.ft of land situated at Thiruthangal Village, Melarathavethi, Virudhunagar District, forthwith on the basis of the complaints made by the petitioner to the respondents 5 and 6 dated 13.11.2025.

2. It is submitted by the learned counsel for the petitioner that the petitioner has already submitted an application under Rule 15(4) of the Telecommunications (Right of Way) Rules, 2024. Upon submission of such application, the Nodal Agency, namely the Electronics Corporation of Tamil Nadu Limited (ELCOT), which is the competent authority for the erection of mobile phone towers, has raised no objection to the proposed erection. Therefore, there is no legal impediment to erecting the towers.

3. The learned Government Advocates appearing for the respondents submitted that there were objections from the local residents, which were also reported in the local newspapers. However, despite such objections, there is no legal impediment under the law.

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4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. Considering the facts and circumstances of the case, this Court directs respondent Nos.2 to 6 to provide necessary police protection, in accordance with law, to the petitioner for the erection and operation of mobile phone towers in the premises comprised in Old S.Nos.301/1A1A1A & 301/1B, New S.No.301/45, measuring 1600 sq.ft of land in North Srivilliputhur Village, Srivilliputhur Taluk, Virudhunagar District and the premises comprised in S.F.No.1203, measuring 1200 sq.ft of land situated at Thiruthangal Village, Melarathavethi, Virudhunagar District.

6. With the above directions, this Writ Petition is allowed. 18.12.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk 4/6

To 1.The District Collector, 2.The Superintendent of Police, Virudhunagar, 3.The Deputy Superintendent of Police, Sivakasi Division, 4.The Deputy Superintendent of Police, Srivilliputhur Division, 5.The Inspector of Police, Law and Order, Srivilliputhur Police Station, Srivilliputhur, 6.The Inspector of Police, Law and Order, Thiruthangal Police Station, Thiruthangal, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

Rmk Writ Petition Crl.(MD)No.2612 of 2025 18.12.2025 6/6