M/S. Ascend Telecom Infrastructure Private Ltd., v. The Superintendent of Police

O R D E R This Writ Petition has been filed seeking for a direction to the respondents Police to provide effective police protection to the petitioner Company and its officers while erecting the transmission cell phone tower in the property being a portion of the land to an extent of 500 sq.ft out of the property at 27.17 cents, Ramanathapuram Registration District, Rameshwaram Sub Registration, Rameshwaram Revenue Village, comprised in S.No.453/2A1B, based on the complaint dated 03.05.2023 with C.S.R.No.99 of 2023.

¶2It is submitted by the learned counsel appearing for the petitioner Company that the petitioner Company is registered under the Companies Act, 1956 and is doing the business of telecom services, more particularly, maintenance of mobile towers. The petitioner is stated to have entered into a lease agreement on 25.12.2022 with one Maria Antony Testonis for the property being a portion of land of 900 sq.ft out of the 27.17 cents comprised in S.No.453/2A1B, Ramanathapuram Registration District, Rameshwaram Sub Registration, Rameshwaram Revenue Village for laying down the towers after obtaining appropriate approval from SACFA by paying necessary fees.

¶3It is submitted by the learned counsel appearing for the petitioner that the petitioner Company has already obtained permission from the State Government for erection and installation of mobile towers. The petitioner Company has also filed the copies of the documents in G.O.Ms.No.302, Housing and Urban Department, dated 12.12.2012 and G.O.Ms.No.177, Municipal Administration and Water Supply Department, dated 17.12.2002 and other connected documents. The petitioner Company is stated to have came into possession of piece of land as per the agreement with the said Pushpavalli. While so, on 03.05.2023, some unknown persons prevented the petitioner Company from performing their duties in erecting the mobile towers. Hence, the petitioner Company has made a complaint to the Police on 03.05.2023 and the same is registered in C.S.R.No.99 of 2023.

¶4The learned counsel appearing for the petitioner Company has taken this Court into the order passed by this Court in W.P(MD).No.18422 of 2023 on

21.06.2023, wherein, police protection was given to the petitioner therein for erection of cell phone tower. The petitioner has also filed a copy of the order passed in W.P(MD).No.28272 of 2022 dated 03.02.2023 of this Bench, wherein, this Court has directed the Police to provide police protection to the petitioner therein for erection of cell phone tower.

5.The learned Government Advocate (criminal side) appearing for the respondents Police submits that if the petitioner company has followed all the required procedure, police would provide protection as sought for.

6.There is no record as to why the persons have been raising objections for installation of cell phone towers. There is no scientific data available that the telephone tower will emanate some waves which are health hazardous to people of that area. Cell towers are being installed every where not only in this country but also in other countries as well, if at all in any corner of this globe if any research is found that erection of cell towers cause health hazard, then it can certainly considered. But there is no such data. The persons who have been raising objections must also be using the mobile phones and enjoying the revolution in the filed of Telecommunication.

¶7Considering the same, this Writ Petition is disposed of directing the officers of the respondents police to provide suitable protection to the petitioner company while erecting the cell phone transmission towers. There shall be no order as to costs.

31.07.2023 NCC : Index : Internet : mm To

1.The Superintendent of Police, Kadampa Nagar, Ramanathapuram. Tamil Nadu 623 503.

2.The Inspector of Police, Rameshwaram Town Police, Ramanathapuram District. DR.D.NAGARJUN,J mm W.P.(MD)No.17131 of 2023 Dated: 31.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2023 CORAM THE HON'BLE DR.JUSTICE D.NAGARJUN W.P(MD).No.17131 of 2023 M/s.Ascend Telecom Infrastructure Private Limited, Rep.by its Authorized Signatory, Mr.Tamilselvan, Having Office address at Old No.32, New No.54, Butt Road, St.Thomas Mount near Kathipara Junction, Chennai-600 016. ... Petitioner Vs. 1.The Superintendent of Police, Kadampa Nagar, Ramanathapuram. Tamil Nadu 623 503. 2.The Inspector of Police, Rameshwaram Town Police, Ramanathapuram District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the respondents 1 and 2 to provide effective police protection to the petitioner's Company and its staff, subordinate and to erect transmission cell phone tower in for the property being a portion of land of 500 sq.ft out of the property at 27.17 cents, Ramanathapuram Registration District, Rameshwaram Sub Registration, Rameshwaram Revenue Village, comprised in S.No.453/2A1B, based on the complaint dated 03.05.2023 with C.S.R.No.99 of 2023. For Petitioner : Mr.M.Karpagam For Respondents : Mr.SS.Madhavan Government Advocate (Crl. Side)