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2026 Supreme(Online)(Mad) 47329
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan, J
Indus Towers Limited – Appellant
Versus
District Collector – Respondent
Writ Petition
For the Appellants/Petitioners: S.Anil Sandeep
For the Respondents: R. Ganesh Kumar
Lawful installation of cell phone towers cannot be prevented or obstructed by the public based on mere, unverified apprehensions of health hazards related to radiation, and authorities are obligated to provide police protection to ensure the process continues without civil disorder.
Headnote:The petitioner filed a writ petition seeking police protection for the installation of mobile phone towers on private lands, citing interference from local residents. The legal framework involves constitutional rights to carry on business, subject to regulatory compliance. The court noted that administrative exemptions for such installations have been granted and that public resistance based on unfounded fears of radiation is insufficient to halt infrastructure development. The court addressed whether police protection should be granted when public hindrance impedes lawful construction activities. Relying on settled precedents, the court held that apprehension regarding radiation lacks scientific validation and cannot justify preventing the erection of towers. Consequently, the court reiterated that law enforcement must ensure the maintenance of order to facilitate legal commercial activities. The writ petition is disposed of with a direction to provide police protection, ensuring the installation process proceeds smoothly without public disorder.
| Table of Content |
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| 1. petitioner seeks protection for tower installation hindered by public interference. (Para 1 , 2 , 4) |
| 2. unfounded radiation concerns cannot obstruct legal infrastructure works requiring police protection. (Para 5 , 6 , 7 , 8 , 9) |
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Indus Towers Limited, Rep. By its Authorized Signatory Paridhi Arasu, No.5, ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkathuthangal, Chennai – 600 032. ... Petitioner Vs
1. The District Collector, Namakkal District.
2. The Superintendent of Police, Namakkal District, 3. The Deputy Superintendent of Police, Velur Range, Namakkal District.
4. The Inspector of Police, Paramathy Velur Police Station, Namakkal District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 2 to 4 to provide necessary police protection to the petitioner for their mobile phone tower works in the premises measuring about 3.40 cents (1482 square feet) of land comprised in Survey No.177/2B in Nanjai Edayar Village, Mohanur Taluk, Namakkal District and in the premises measuring about 1200 square feet of land in SF.No.138/50, Pothanur Village, Velur Taluk, Namakkal District, both falling within the district administration of the first respondent on the representations to the fourth respondent sent by SPAD on 05.03.2026 and received on
06.03.2026.
For Petitioner : Mr.S.Anil Sandeep For Respondents : Mr.R. Ganesh Kumar Counsel for Government of Tamil Nadu
ORDER
This Writ Petition has been filed for direction directing the respondents to provide necessary police protection to the petitioner for their mobile phone tower works in the premises measuring about 3.40 cents (1482 square feet) of land comprised in Survey No.177/2B in Nanjai Edayar Village, Mohanur Taluk, Namakkal District and in the premises measuring about 1200 square feet of land in SF.No.138/50, Pothanur Village, Velur Taluk, Namakkal District.
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 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 the order dated 28.06.2018, passed by this Court in Crl.O.P.No.16618 of 2018, wherein the similar issue involved.
6. It will be appropriate to extract the relevant portions of the order passed in Crl.O.P.No.16618 of 2018, dated 28.06.2018, 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, public are causing interference. The learned c
