IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8161 of 2025 Indus Towers Limited Rep by its Senior Executive, Legal Paridhi Arasu K.N., No.5, ESPEE IT Park, 5^th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097. ... Petitioner -Vs-

1. The District Collector, Collectorate, Government Garden, Tirupathur 635 601.

2. The Superintendent of Police, Superintendent of Police Office, Pudupettai Road, Thirupattur 635 601.

3. The Inspector of Police, R.Tirupattur Police Station, Tirupattur Police Station, Railway Station Road, Tirupattur 635 601. ...Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents No.2 and No.3 to provide necessary police protection to the petitioner for installing cell phone towers in both the sites respectively at TS No.1103/3A Pudupet Road, 7th street, Gandhi Nagar, 2nd cross, Tirupathur 635601 and Tirupathur district, Tirupathur joint 1 sub - District Tirupattur town, Georgepet, ward 4, Block 3, Town survey no. 123, Tirupattur 635 602 both falling within the district administration of Tirupattur and within the jurisdiction of the 2nd respondent and prevent any hindrances and obstacles from any third parties, groups, mobs.

For Petitioner : Mr.P.J.Rishikesh For R1 : Mr.P.Balathandayutham Special Government Pleader For R2 and R3 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the respondents No.2 and No.3 to provide necessary police protection to the petitioner for installing cell phone towers in both the sites respectively at TS No.1103/3A Pudupet Road, 7th street, Gandhi Nagar, 2nd cross, Tirupathur 635601 and Tirupathur district, Tirupathur joint 1 sub - District Tirupattur town, Georgepet, ward 4, Block 3, Town survey no.

123, Tirupattur 635 602.

2. Heard both sides and perused the materials available on record.

3. The case of the petitioner is that the petitioner is a licensed telecom service incorporated under the Companies Act, 1956 providing telecom services. For the said purpose, mobile phone towers are 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 mobile 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.

4. When the petitioner attempted to erect the mobile phone tower, the residents of the area came to the spot and started causing hindrance to the company officials from carrying out the construction work. The petitioner also gave a representation to the respondent Police to provide them with protection. However, the respondent Police had not acted upon the said complaint and therefore, the present Writ Petition has been filed.

5. The learned counsel appearing for the petitioner would submit that the issue involved in this Writ 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, wherein the very same petitioner was a party.

6. 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 th