ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 and 2 to provide the effective police protection to the petitioner company to erect transmission cell phone tower and to install all the telecommunication electrical and electronics equipments, OFC Cable and its maintenance work on the said BTS transmission Tower on the property of Mrs. Subbulakshmi W/o Rajalingam, bearing Plot Nos. 21 and 22, S. No. 131/2 and 134/3, lying and situated at Muthumalaiamman Kovil Street, 3rd Barathi Nagar, Thiruchendur Village, Thiruchendur SRO, Thoothukudi District- 628 215 as per the complaint dated 14.11.2022.

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the Respondents 1 and 2 to provide the effective police protection to the petitioner company to erect transmission cell phone tower and to install all the telecommunication electrical and electronics equipments, OFC Cable and its maintenance work on the said BTS transmission Tower on the property of Mrs. Subbulakshmi W/o Rajalingam, bearing Plot Nos.21 and 22, S. No. 131/2 and 134/3, lying and situated at Muthumalaiamman Kovil Street, 3rd Barathi Nagar, Thiruchendur Village, Thiruchendur SRO, Thoothukudi District-628 215 as per the complaint dated 14.11.2022.

2. In this writ petition, permission letter has already been sent to the District Collector, Thoothukudi, which was not processed till the disposal of this writ petition.

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:

1. 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.

2. Tvl. 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.

3. The 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.

4. Accordingly, 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 buil