M/S.Tower Vision India Private Ltd., v. The Commissioner of Police

O R D E R This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to provide effective police protection to the petitioner Company's personnel, vendors & contractors for installation of cell phone towers in respect of work site bearing property Plot No.H-79 Survey No. 16/1C1 & 19/1, Thathaneri Village, Madurai North Taluk, Madurai District – 625 017 based on complaint dated 15.02.2022.

¶2Learned counsel for the petitioner submitted that, the petitioner obtained license under Department of Telecommunications, Ministry of Communications, Government of India as Infrastructure Provider Category I. Petitioner is a telecommunication service provider doing business of installation, operation and Maintenance of cell phone towers and other related works across the nation since 2006. Petitioner entered into a lease Deed and License Agreement dated 07.11.2022 for the period of 15 years with one Mrs.V.Kavitha, W/o. Vasudevan, Residing at No.281, TNHB colony, Tamil Nagar, Ananjiyur, Anaiyur, Madurai, Tamil Nadu – 625 017 in respect of property bearing Plot No.H 79 Survey No.16/1C1 & 19/1, Thathaneri Village, Madurai North Taluk, Madurai District – 625 017. He further submitted that the persons residing in the nearby area are opposing the installation of cell phone towers. Therefore, this petition is filed to direct the respondents to provide effective police protection to the petitioner company's personnel, vendors & contractors for installation of cell phone towers.

¶3In response, learned Additional Public Prosecutor submitted that, petitioner gave a complaint in this regard on 15.02.2022 and on that basis, enquiry is pending.

¶4Learned counsel for the petitioner also brought to notice of the Order passed by this Court in W.P.No.7563 of 2021 in a similar situation, referring to the order passed in Crl.O.P.No.16618 of 2018, this court allowed the petition. "5.It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, which is extracted hereunder: "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 respondents.

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."

¶5This Court has consistently taken the view that no one can be prevented from erecting the cell phone towers on a mere apprehension about the effect of radiation from the cell phone tower. The apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions.

¶6For the reasons stated above, there shall be a direction to the 2nd respondent police to provide police protection to the petitioner for erection of the cell phone tower. The 2nd respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem and the petitioner shall pay a cost of Rs.20,000/- (Rupees Twenty thousand only) to the respondent police towards police protection.

¶7The Writ Petition is disposed of with the above direction. No Costs.

17.05.2023 Internet : Yes Index : Yes/No Speaking/Non Speaking order ebsi To

¶1The Commissioner of Police, Madurai District.

¶2The Inspector of Police, D3 Koodal Pudur Police Station, Madurai District. T.V.THAMILSELVI

, J.

ebsi W.P (MD).No.12000 of 2023

17.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2023 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P (MD).No. 12000 of 2023 M./s.Tower Vision India Private Ltd., Represented by its Authorized Signatory, Mr.R.M.Nagappan – Circle Head, Having Office at Basement No.28, AMG Tower, Lawyer Jagannathan Street, Alandur, Chennai – 600 016. ... Petitioner Vs. 1. The Commissioner of Police, Madurai District. 2. The Inspector of Police, D3 Koodal Pudur Police Station, Madurai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to provide effective police protection to the petitioner Company's personnel, vendors & contractors for installation of cell phone towers in respect of work site bearing property Plot No.H-79 Survey No.16/1C1 & 19/1, Thathaneri Village, Madurai North Taluk, Madurai District – 625 017 based on complaint dated 15.02.2022. For Petitioner : Mr.Amutha Ganesh A.M For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor