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2026 Supreme(Online)(Mad) 18251
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Indus Towers Limited – Appellant
Versus
The Superintendent of Police Tirupathur District – Respondent
Writ Petition Criminal
For Petitioner(s): Mr.S.Anil Sandeep
For Respondent(s): Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor For R1 To R3
Parties cannot impede the erection of cell phone towers without scientific justification, affirming the right to install based on prior court rulings.
Headnote:The case involves a writ petition under Article 226 of the Constitution of India for a Writ of Mandamus directing police protection for the erection of a mobile phone tower. The petitioner, Indus Towers Limited, faced obstruction from local entities despite having government exemptions for tower installations. The court found previous judgments supporting the petitioner's position, stating that no one should be prevented from erecting cell phone towers without scientific evidence of harm. The court directed the local police to ensure the petitioner receives necessary protection for construction. The decision concludes with the court's directive for police protection and no costs.
| Table of Content |
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| 1. petitioner requests police protection for tower erection. (Para 1 , 2 , 3) |
| 2. previous judgments substantiate petitioner's claims. (Para 4 , 5) |
| 3. public fears about health risks not scientifically proven. (Para 6) |
| 4. court orders police to facilitate construction. (Para 7) |
PRAYER: The writ petition criminal filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to provide necessary police protection to the petitioner for their mobile phone tower works at the premises being about 1200 square feet of land and comprised in T.S.No.18/2, in Chennai to Bangalore Truck Road, Vaniyambadi, Tirupathur District, on the representation dated 14.01.2026 sent by SPAD, and direct the respondents 4 to 6 to render necessary co-operation to this Honble Court deems fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s): Mr.S.Anil Sandeep For Respondent(s): Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor For R1 To R3
ORDER
This writ petition has been filed to direct the respondents 1 to 3 to provide necessary police protection to the petitioner for their mobile phone tower works at the premises being about 1200 square feet of land and comprised in T.S.No.18/2, in Chennai to Bangalore Truck Road, Vaniyambadi, Tirupathur District, on the representation dated 14.01.2026 sent by SPAD, and direct the respondents 4 to 6 to render necessary co-operation to the respondents 1 to 3.
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 people with vested interest claiming to be neighbours have been causing hindrance and preventing the workers from carrying out the construction work. In this regard, the petitioner gave a representation to the 3rd respondent on 14.01.2026, seeking police protection. However, the 3rd respondent had not acted upon the said representation 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 peti
