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2026 Supreme(Online)(Mad) 22036

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
INDUS TOWERS LIMITED – Appellant
Versus
The Superintendent of Police – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Indus Towers Limited Rep by its Authorized Signatory Mr.Paridhi Arasu, No.5, ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai-600032.

..Petitioner(s)

Vs

1. The Superintendent of Police Cuddalore District.

2. The Deputy Superintendent of Police Chidambaram Range, Cuddalore District.

3. The Inspector of Police Chidambaram Town Police Station, Cuddalore District.

4. The District Collector Cuddalore District.

5. The Thasildar Chidambaram Taluk, Cuddalore District.

6. The Commissioner Chidambaram Municipality, Cuddalore District.

..Respondent(s)

Writ Petition has been filed under Article 226 of the Constitution of India to issue writ of Mandamus, 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 1600 square feet of vacant land in S.F.No.58/2A1, New S.No.58/7, Near Ellaiyammal Temple, Omakulam, Cuddalore District, on the representation dated 28.10.2025 sent by SPAD, and direct the respondents 4 to 6 to render necessary co-operation to the respondents 1 to 3 in the matter.

For Petitioner(s): Mr.S.Anil Sandeep For Respondent(s): Mr.K.M.D.Muhilan Additional Public Prosecutor

ORDER

This Writ Petition (Criminal) has been filed seeking a direction to the respondents 1 to 3 to provide necessary police protection to the petitioner for the installation of a mobile phone tower based on the representation submitted by the petitioner on 28.10.2025 to the 3rd respondent. The proposed site is approximately 1,600 sq.ft of vacant land in S.F.No.58/2A1 (New S.No.58/7), near Ellaiyammal Temple, Omakulam, Cuddalore District. A further direction is sought to direct the respondents 4 to 6 to render necessary co-operation to the respondents 1 to 3 in the matter.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The case of the petitioner is that the petitioner is a licensed telecom service provider 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 lease agreements with the owners of the properties and had taken steps to install mobile phone towers. Already, the Government of Tamil Nadu has granted exemption to all the Telecom companies to install the cell phone towers by virtue of the Government Order passed in G.O.Ms.No.2, Information Technology Department, dated

01.04.2002.

4. The petitioner contends that when the petitioner attempted to erect the mobile phone towers, 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 protection. However, the respondent police had not acted upon the said representation 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 squarely covered by earlier judgments of this Court. The learned counsel brought to the notice of this Court the order dated 28.06.2018 passed by this Court in Crl.O.P.No.16618 of 2018.

6. It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, as below:

“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 Honourab

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