M/S..Ascend Telecom Infrastructure Private Ltd., v. The District Collector

O R D E R This Writ Petition has been filed under Article 226 of the Constitution of India seeking for a mandamus 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 petition mentioned property.

¶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 with one Chandra for a period of twenty years in respect of the petition mentioned property 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 Chandra. While so, 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 22.07.2023 to provide police protection.

¶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.

¶5The 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.

¶6There 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.

31.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To

1.The District Collector, Sivagangai.

2.The Superintendent of Police, Sivagangai.

3.The Inspector of Police, Pallathur Police Station, Sivagangai District.

DR.D.NAGARJUN, J. tsg

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

31.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023 CORAM THE HONOURABLE DR.JUSTICE D.NAGARJUN M/s.Ascend Telecom Infrastructure Private Limited, Represented by its Authorized Signatory, Mr.Tamilselvan ... Petitioner Vs 1.The District Collector, Sivagangai. 2.The Superintendent of Police, Sivagangai. 3.The Inspector of Police, Pallathur Police Station, Sivagangai District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second and third respondents to provide police protection for the mobile phone tower erection and operation work of the petitioner at the premises being a portion of land of 1200 Square Feet vacant land out of the 2400 square feet of land property at Karaikudi registration District, Karaikudi Joint I Sub Registration District, in the boundary of Karaikudi Taluk, Kottaiyur Group, Kottaiyur Special Panchayat, Kottaiyur Village, Outside Piraithana Nagar, Kottaiyuur Naatar Division in Block No.4, S.F.No.641/03, the said property presently subdivided patta No.2458 in New S.F.No.641/19 limit in the light of the order passed by the Court in W.P. (MD).No.12971 of 2020. For Petitioner : Ms.M.Karpagam For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)