Indus Towers Limited v. The Superintendent of Police

ORDER This Writ Petition (Criminal) has been filed seeking a direction to the respondents 1 to 3 to provide necessary police protection to the petitioner for the installation of a mobile phone tower based on the representation submitted by the petitioner on 28.10.2025 to the 3rd respondent. The proposed site is approximately 1,600 sq.ft of vacant land in S.F.No.58/2A1 (New S.No.58/7), near Ellaiyammal Temple, Omakulam, Cuddalore District. A further direction is sought to direct the respondents 4 to 6 to render necessary co-operation to the respondents 1 to 3 in the matter.

¶2Heard the learned counsel appearing on either side and perused the materials available on record.

¶3The case of the petitioner is that the petitioner is a licensed telecom service provider incorporated under the Companies Act, 1956, providing Page3 of 7 telecom services. For the said purpose, mobile phone towers are going to be erected. The petitioner had also entered into lease agreements with the owners of the properties and had taken steps to install mobile phone towers. Already, the Government of Tamil Nadu has granted exemption to all the Telecom companies to install the cell phone towers by virtue of the Government Order passed in G.O.Ms.No.2, Information Technology Department, dated

01.04.2002.

¶4The petitioner contends that when the petitioner attempted to erect the mobile phone towers, the residents of the area came to the spot and started causing hindrance to the company officials from carrying out the construction work. The petitioner also gave a representation to the respondent police to provide them protection. However, the respondent police had not acted upon the said representation and therefore, the present Writ Petition has been filed.

¶5The learned counsel appearing for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by earlier judgments of this Court. The learned counsel brought to the notice of this Court the order dated 28.06.2018 passed by this Court in Crl.O.P.No.16618 of 2018.

¶6It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, as below: Page4 of 7 "2.The learned counsel for the petitioner would submit that the petitioner's company had the contract agreement for installation of cell phone tower with M/s.Indus Towers Limited, a company registered under the provisions of Indian Companies Act, 1956. It is further submitted by the learned counsel for the petitioner that whenever the petitioner's company attempted to erect transmission cell phone tower, publics are causing interference. The learned counsel for the petitioner also submitted that by order dated 05.03.2015, the Honourable First Bench of this Court, in W.P.Nos.24976 of 2008 and etc., batch, held that because of the advancement in the science, no one has prevented to erect cell phone towers. It is also submitted that the petitioner has given a complaint dated 24.02.2016 to the first respondent police seeking police protection, for which C.S.R.No.42 of 2016 and since the same has not been considered so far, he has come up with the present petition for the relief stated supra.

3.Heard the learned Additional Public Prosecutor appearing for the respondent.

4.Considering the facts and circumstances of the case, the petitioner is directed to send a fresh representation to the respondent and on receipt of the same, the respondent is directed to consider the representation to be submitted by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of one week from the date of receipt of copy of this order.

5.With the above directions, this Criminal Original Petition is disposed of." Page5 of 7

¶7The learned Additional Public Prosecutor appearing on behalf of the respondents brought to the notice of this Court that the preliminary work for the Telecom Tower construction has commenced and the petitioner has also started functioning.

¶8This Court has consistently held that no one can be prevented from erecting cell phone towers based on a mere apprehension about the effect of radiation from such cell phone towers since such an apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented from being installed on mere apprehensions.

¶9For the reasons stated above, there shall be a direction to the respondent police to provide police protection to the petitioner for the erection of the cell phone towers. The respondent police shall ensure that the entire process goes on in a smooth manner, without giving rise to any law and order problem.

¶10This Writ Petition stands disposed of accordingly. No costs. 12-02-2026 Index: Yes/No Speaking/Non-speaking order JENI Page6 of 7 To

1.The Superintendent of Police Cuddalore District.

2.The Deputy Superintendent of Police Chidambaram Range, Cuddalore District.

3.The Inspector of Police Chidambaram Town Police Station, Cuddalore District.

4.The District Collector Cuddalore District.

5.The Thasildar Chidambaram Taluk, Cuddalore District.

6.The Commissioner Chidambaram Municipality, Cuddalore District.

7.The Public Prosecutor, High Court of Madras, Chennai. Page7 of 7

A.D.JAGADISH CHANDIRA, J. JENI 12-02-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Indus Towers Limited Rep by its Authorized Signatory Mr.Paridhi Arasu, No.5, ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai-600032. ..Petitioner(s) Vs 1. The Superintendent of Police Cuddalore District. 2. The Deputy Superintendent of Police Chidambaram Range, Cuddalore District. 3. The Inspector of Police Chidambaram Town Police Station, Cuddalore District. 4. The District Collector Cuddalore District. 5. The Thasildar Chidambaram Taluk, Cuddalore District. 6. The Commissioner Chidambaram Municipality, Cuddalore District. ..Respondent(s) Writ Petition has been filed under Article 226 of the Constitution of India to issue writ of Mandamus, to direct the respondents 1 to 3 to provide necessary police protection to the petitioner for their mobile phone tower works Page2 of 7 at the premises being about 1600 square feet of vacant land in S.F.No.58/2A1, New S.No.58/7, Near Ellaiyammal Temple, Omakulam, Cuddalore District, on the representation dated 28.10.2025 sent by SPAD, and direct the respondents 4 to 6 to render necessary co-operation to the respondents 1 to 3 in the matter. For Petitioner(s): Mr.S.Anil Sandeep For Respondent(s): Mr.K.M.D.Muhilan Additional Public Prosecutor