JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to errect, ommissioning of equipments and to raidate the transmission tower at the lease site namely Site ID No. 0012356, property being portion of the land 1200 Sq Ft out of 26 Cents situated at Survey No. 463/5, Trichy District, Sengamedu Village under Thalavoi south Panchayath, situated within the Sub Registration District of Senthurai.)

1. This petition has been filed for the issue of a writ of mandamus, directing the respondents to provide adequate police protection to the petitioner company and its staff and subordinates to errect, ommissioning of equipments and to raidate the transmission tower at the lease site namely Site ID No. 0012356, property being portion of the land 1200 Sq Ft out of 26 Cents situated at Survey No. 463/5, Trichy District, Sengamedu Village under Thalavoi south Panchayath, situated within the Sub Registration District of Senthurai.

2. The case of the petitioner is that the petitioner is engaged in the business of Operation and Maintenance of Mobile phone towers across India for all the mobile phone operators/service providers providing broadband Internet services and other allied services. For the said purpose, cell phone tower is going to be erected. The petitioner had also entered into a lease agreement with the owner of the property and had taken steps to install the cell phone tower. Already, the Government of Tamil Nadu has granted exemption to all the Telecom companies to install the cell phone towers by virtue of Government Order passed in G.O.Ms.No.2, dated 01.04.2002.

3. When the petitioner attempted to erect the cell phone tower, some unknown anti social elements calling themselves as protectors of the area had restrained the petitioner's employees from carrying out their duties. In this regard, the petitioner gave a complaint to the 2nd respondent on 26.03.2022, seeking police protection. However, the 2nd respondent had not acted upon the said complaint and therefore, the present Petition has been filed.

4. The learned counsel appearing for the petitioner would submit that the issue involved in this petition is covered by the earlier Judgments of this Court. The learned counsel brought to the notice of this Court the order passed by this Court in Crl.O.P.No.16618 of 2018 dt.28.06.2018.

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 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