BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.24364 of 2024 M/s.Indus Towers Limited, No.5 (NP), ESPEE, IT Park, V Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai – 600 097.

rep.by it Asst.Legal Manager, S.Prasanna. ...Petitioner Vs.

1.The District Collector, Kanyakumari District.

2.The Superintendent of Police, O/o.The Superintendent of Police, Nagercoil – 629 001, Kanyakumari District.

3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

4.The Inspector of Police, Law & Order, Arumanai Police Station, Vilavancode, Kanyakumari District.

5.The Inspector of Police, Law & Order, Palugal Police Station, Kanyakumari District.

6.The Inspector of Police, Law & Order, Thiruvattur Police Station, Thiruvattur, Kanyakumari District.

7.The Inspector of Police, Law & Order, Puthukadai Police Station, Kanyakumari District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents 2 to 7 to provide necessary police protection to the petitioner for their mobile phone tower erection and operation work in the premises comprised in S.No. 57/12 C measuring 1600 Sq. Ft, situated at Vilavancode, Arumanai, Kanyakumari District and the premises comprised in S.No. 320/12B, measuring 02.76 cent, situated at Malayadi Village, Palugal Panchayath, Vilavancode Taluk, Kanyakumari District and the premises comprised in R.S.No. 514/4, Sub-Division S.No. 514/4A, Measuring 1200 Sq.ft, situated at Kappukadi, Vilavankode, Kanyakumari District - 629162, forthwith on thebasis of the complaints, dated 11.03.2024, 12.08.2024, 12.08.2024, 03.08.2024 made by the petitioner to the respondents 4 to 7.

For Petitioner : Mr.M.Ponniah.

For Respondents : Mr.Om Prakash, Government Advocate (Civil Side)

for R1.

: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R2 to R7.

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders, to direct the Respondents 2 to 7 to provide necessary police protection to the petitioner for their mobile phone tower erection and operation work in the premises comprised in S.No. 57/12 C measuring 1600 Sq. Ft, situated at Vilavancode, Arumanai, Kanyakumari District and the premises comprised in S.No. 320/12B, measuring 02.76 cent, situated at Malayadi Village, Palugal Panchayath, Vilavancode Taluk, Kanyakumari District and the premises comprised in R.S.No. 514/4, Sub-Division S.No. 514/4A, Measuring 1200 Sq.ft, situated at Kappukadi, Vilavankode, Kanyakumari District - 629162, forthwith on thebasis of the complaints, dated 11.03.2024, 12.08.2024, 12.08.2024, 03.08.2024 made by the petitioner to the respondents 4 to 7.

2. The main contention of the petitioner is that though they have got necessary permission from the competent authorities to erect a mobile tower in the above said lands, the residents in and around the said area are preventing the petitioner from erecting the mobile tower.

3. The learned counsel for the petitioner would further submit that the representations submitted to the concerned Inspector of Police, have not been considered till now.

4. Considering the above facts and circumstances of the case, the respondents/concerned Inspector of Police are directed to provide police protection to the petitioner for erection of cell phone towers and the concerned Inspector of Police shall ensure that the entire process goes smoothly without giving any room for law and order problem. The petitioner is directed to pay necessary charges to the concerned Inspector of Police, for providing police protection.

5. With the above directions, the Writ Petition stands disposed of.

No costs.

23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes/ No das To

1.The District Collector, Kanyakumari District.

2.The Superintendent of Police, O/o.The Superintendent of Polic