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2025 Supreme(Online)(Mad) 60842

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
Ascend Telecom Infrastructure Private Limited – Appellant
Versus
The District Collector – Respondent
W.P.Crl.No. 352 of 2025



Advocates:
For the Appellants/Petitioners: Mr.A.M.Venkata Krishnan
For the Respondents:Dr.C.E.Pratap Government Advocate (Crl.Side)

Police must consider complaints for protection when business operations are obstructed.

Headnote:In this case, a Writ of Mandamus was sought under Article 226 of the Constitution of India for adequate police protection to erect a transmission tower. The petitioner, a licensed telecom service provider, faced obstruction at the site by unknown elements. The Court directed the police to consider the complaint lodged by the petitioner on 10.05.2025. Issues framed revolved around the rights to conduct business without unlawful disruption. The court emphasized the obligation of the police to address the petitioner's plea appropriately. The outcome determined that the police must act on the petitioner's complaint based on merits and law.

Table of Content
1. writ of mandamus for police protection (Para 1 , 3)
2. court's duty to ensure complaints are addressed (Para 2)
3. direction for police to act on complaints (Para 4 , 5)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.07.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.Crl.No. 352 of 2025 and W.P.M.P.Crl.No.165 of 2025 M/s.Ascend Telecom Infrastructure Private Limited Represented by its Authorized Signatory Mr.Tamilselvan ... Petitioner Vs.

1. The District Collector, District Collector Office, Tiruvannamalai.

2. Superintendent of Police, Tiruvannamalai.

3. The Inspector of Police, Polur Police Station, Tiruvannamalai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India , praying to issuance of Writ of Mandamus, to direct the respondents to provide adequate police protection to the Petitioner Company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the licensed site admeasuring an extent of about 900 sq. ft. of vacant land out of 1800 sq.ft. of land property at Tiruvannamalai Registration District, Polur Sub Registration District, in the boundary of Polur Taluk, Alli Nagar Village, Natham Survey No.109B/1A, New Survey No.185/36, Patta No.565, 167.33 Sq. Meter of land both total measuring 1800 Sq.ft of land.

For Petitioner : Mr.A.M.Venkata Krishnan For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to provide adequate Police protection to the petitioner Company and its staff and subordinates to erect, commissioning of equipments and to radiate the transmission tower at the licensed site admeasuring an extent of about 900 sq. ft. of vacant land out of 1800 sq.ft. of land property at Tiruvannamalai Registration District, Polur Sub Registration District, in the boundary of Polur Taluk, Alli Nagar Village, Natham Survey No.109B/1A, New Survey No.185/36, Patta No.565, 167.33 Sq. Meter of land both total measuring 1800 Sq.ft of land.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for respondents and perused the materials available on record.

3. According to the petitioner, the petitioner Company is a licensed telecom service provided incorporated under the Companies Act. During the usual course of business the petitioner-Company entered into licence agreement for the subject property for the tenure of 15 years with one Unnamalai and Thirunavukkarasu for erecting mobile phone towers. While that being so, some unknown anti-social elements had restrained the staff of the petitioner Company from carrying out their business in the subject property. Hence, the petitioner has given a complaint to the third respondent on 10.05.2025 seeking police protection for erecting the mobile tower and the third respondent issued a CSR. Despite the same, there was no response from the third respondent-

Police, the petitioner is constrained to approach this Court.

4. The learned Government Advocate (Crl.Side) appearing for the respondents-Police submitted that the petitioner's complaint dated

10.05.2025 will be considered on merits and in accordance with law.

5. Considering the facts and circumstances of the case, this Writ Petition is disposed of with a direction to the third respondent-Police to consider the complaint of the petitioner dated 10.05.2025 and pass appropriate orders on merits and in accordance with law, after conducting enquiry. Consequently, connected miscellaneous petition is closed.

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