M/S. Tower Vision India Private Ltd., v. The District Collector

O R D E R The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus direct the respondents to provide effective police protection to the petitioner's company and its staff, subordinate and to erect transmission cell phone tower at the terrace space admeasuring about 900 sq. ft., situated in Survey No.85/4, Plot No.26 at M.Singaravelar Nagar, Sholanganallur Village, Srirangam Taluk, Trichy District on the basis of the complaint filed by the petitioner dated

31.01.2023.

¶2Mr.A.Kannan, Additional Government Pleader, takes notice for the first repsondent. Mr.B.Nambiselvan, learned Additional Public Prosecutor takes notice for the second respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.In this writ petition, permission letter has been sent to the District Collector, Trichy, and permission was granted on 30.01.2023.

3.Heard both sides and perused the materials placed on record.

4.In respect to the installation of cell phone tower, the Government issued G.O(MS) No.2, Information Technology Department dated

01.04.2002. This is the base and ground Government Order. The said Government Order reads as under:- ABSTRACT Information Technology - Setting up of Base Transreceiver Station lowers and installation of equipment for telecommunication - networks - Leasing of space in government offices on a non-exclusive basis to any licenced telecom company on certain prescribed terms and conditions Orders-Issued. ------ INFORMATION TECHNOLOGY Department G.O.Ms.No.2 Dated: 01-04-2002

1) G.O.Ms.No.7, Information Technology Department, dated 12.02.2001. 2) From Tvl Reliance Infocom Limited, Chennai, letter Ref.No.2375/IT/2001-02, dated 29.1.2002. ORDER: In the G.O first read above, consolidated policy guidelines were issued specifying terms and conditions for the grant of centralised permission for the use of public right of way by any private or public sector applicant that proposes to lay optic fibre cables in the National and State Highways and other roads in Tamil Nadu.

¶2Tvl. Reliance Infocom Limited, who have been given centralised permission to lay optic fibre cables in Tamil Nadu, have indicated that in order to maximise the coverage throughout the State, permission is required for renting / leasing out Government land / Government buildings for putting up Base Transreceiver Station Towers (BTS Towers) at technically feasible locations. The company has also requested the Government to grant exemption to it from observing side set back rules of Chennai Metropolitan Development Authority / Directorate of Town and Country Planning for the BTS towers which are only temporary structures and to apply the rules only in the cases of construction of buildings for BTS equipment room, Diesel Generator Set room etc.

¶3The Government after careful consideration and detailed examination, have decided to issue general permission to any licenced telecom company providing infocom service's to the end users, on a non-exclusive basis subject to certain terms and conditions.

¶4Accordingly, the Government hereby accord permission to any licenced telecom company and which is committed to the cause of Government of Tamil Nadu to install its Base Stations consisting of Tower equipment room and generator room, on roof top or on the ground of premises and buildings belonging to Government of Tamil Nadu, subject to availability and technical feasibility on a non-exclusive basis and also subject to the following terms and conditions:-

i) Permission for installing lowers, equipment and generator etc., on case to case basis will be issued by the district Collectors concerned in consultation with the district is concerned,

ii) Availability of space of 4.5 Mts x 4,5 Mts.

iii) Technical feasibility - Building should be structurally strong to take a load of 3.5 MT to 6.0 MT depending on the height of tower.

iv)A . Telecom company providing infocom services and is desirous of utilising the Government premises / buildings for installing the base stations, should comply with all the regulations and stipulations including that of the Ministry of Civil Aviation, Government of India, in installation of the Base stations. All clearances / permissions, required in the process of establishing the base stations are to be obtained by such company.

v) Permission may be given on non-exclusive basis.

vi) The future extension / expansion of building /premises may be kept in mind,

vii) Permission may be granted initially for a period of 10

(ten) years.

viii) Damages caused, if any, shall be rectified by such company and bring back to original condition and to the satisfaction of the authorities concerned.

ix) Leasing of the premises or buildings to such company should not be detrimental to the daily routine and activities of the Office or Offices concerned.

x) Appropriate rent shall be charged from such company.

xi) Exemption shall be given to the telecom companies from side set back rules of Chennai Metropolitan Development Authority / Directorate of Town and Country Planning for the BTS Towers and the said rules shall be applicable only to the construction of buildings.

¶5This order issues with the concurrence of Housing & Urban development, Revenue and Public Works Departments. (BY ORDER OF THE GOVERNOR) VTVEK HARINARAIN SECRETARY TO GOVERNMENT

¶5In view of the above said Government Order, now the approval must be made by the first respondent herein.

¶6The learned counsel for the petitioner would submit that the petitioner made online application seeking permission to install the tower on 19.08.2022, but so far, it has not been considered.

¶7In the light of the above said circumstance, there shall be a direction to the first respondent herein to decide the application that was made by the petitioner within a week from the date of receipt of copy of this order by following the above said Government order. Depending upon the above said permission if granted, the petitioner can make a fresh representation to the third respondent to give police protection. The competent authority may decide the same on its own merits by summoning the petitionr as well as the objectors if any.

¶6With the above direction and liberty, the Writ petition stands allowed. No costs.

16.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu G.ILANGOVAN, J Indu To

¶1The District Collector, Trichy District, Trichy.

¶2The Superintendent of Police, Trichy District, Trichy.

¶3The Inspector of Police, Somarasampet Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Dated :16.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.03.2023 CORAM : THE HONOURABLE MR.JUSTICE G.ILANGOVAN M/s. Tower Vision India Private Limited, represented by its authorized signatory, Mr.RM.Nagappan, AMG Tower, No.28, Lawyer Jeganathan Street, Alandur, Chennai – 600 016. ... Petitioner Vs. 1. The District Collector, Trichy District, Trichy. 2. The Superintendent of Police, Trichy District, Trichy. 3. The Inspector of Police, Somarasampet Police Station, Trichy District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the respondents to provide effective police protection to the petitioner's company and its staff, subordinate and to erect transmission cell phone tower at the terrace space admeasuring about 900 sq. ft., situated in Survey no. 85/4, Plot No. 26 at M.Singaravelar Nagar, Sholanganallur Village, Srirangam Taluk, Trichy District on the basis of the complaint filed by the petitioner dated 31.01.2023. For Petitioner : Mr. Padmaraj .C For R1 : Mr.A.Kannan, Additional Government Pleader For R2 : Mr. B.Nambiselvan Additional Public Prosecutor