IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

W.P. No.12821 of 2021

ATC Telecom Infrastructure Pvt.Ltd.,

Represented by Authorized Signatory

N.Senathipathi,

“Celestial Point”, No.45, Damodharan Street,

T.Nagar, Chennai – 600 017.

... Petitioner

Versus

1. The District Collector,

Collectorate,

District Collector Office,

Namakkal - 637003.

2. The Superintendent of Police,

District Police Office,

Namakkal - 637003.

3. The State,

Rep.by Inspector of Police (Law & Order),

Paramathi Police Station,

Paramathi,

Namakkal District - 637207.

...Respondents

Writ Petition filed under Article 226 Constitution of India,

to issue Writ of Mandamus, to direct the respondents 2 to 3, to

forthwith provide effective police protection to the

petitioner's company to fully complete the erection of

transmission cell phone tower and to install all the

telecommunication electrical and electronic equipments, cables

at the open land admeasuring about 1200 sq.ft (30 x 40) out of

the total land measuring about more or less 1755 Sq.ft. or

163.04 Sq. Meter, Situated and or comprised in Survey No.26/2,

https://hcservices.ecourts.gov.in/hcservices/

Re-Survey No.276/20, lying and situated at Pothanur Village,

Velur SRO, Namakkal Registration District, Namakkal District, on

the basis of the complaint filed by the petitioner dated

10.05.2021, since the deemed permission to install the BTS

transmission Tower was granted by the first respondent as per

the G.O.(Ms).No.1, Information Technology (B4) Department dated

21.02.2018, by implementing the Indian Telegraph Right of way

Rules, 2016, notified by the Government of India, Ministry of

Communications,

Department

of

Telecommunication

vide

No.G.S.R.1070(E), dated 15.11.2016.

For Petitioner

: Mr.J.Ravikumar

For Respondents

: Mr.A.Damodharan

Government Advocate (Crl.side)

ORDER

This petition has been filed for the issuance of a Writ of

mandamus, to direct the respondents 2 to 3, to forthwith provide

effective police protection to the petitioner's company to fully

complete the erection of transmission cell phone tower and to

install all the telecommunication electrical and electronic

equipments, cables at the open land admeasuring about 1200 sq.ft

(30 x 40) out of the total land measuring about more or less

1755 Sq.ft. or 163.04 Sq. Meter, Situated and or comprised in

Survey No.26/2, Re-Survey No.276/20, lying and situated at

Pothanur Village, Velur SRO, Namakkal Registration District,

Namakkal District, on the basis of the complaint filed by the

petitioner dated 10.05.2021, since the deemed permission to

install the BTS transmission Tower was granted by the first

respondent as per the G.O.(Ms).No.1, Information Technology (B4)

Department dated 21.02.2018, by implementing the Indian

Telegraph Right of way Rules, 2016, notified by the Government

of India, Ministry of Communications, Department of

Telecommunication vide No.G.S.R.1070(E), dated 15.11.2016.

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

https://hcservices.ecourts.gov.in/hcservices/

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