W.P.No.8161 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8161 of 2025 Indus Towers Limited Rep by its Senior Executive, Legal Paridhi Arasu K.N., No.5, ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097. ... Petitioner -Vs- 1. The District Collector, Collectorate, Government Garden, Tirupathur 635 601. 2. The Superintendent of Police, Superintendent of Police Office, Pudupettai Road, Thirupattur 635 601. 3. The Inspector of Police, R.Tirupattur Police Station, Tirupattur Police Station, Railway Station Road, Tirupattur 635 601. ...Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents No.2 and No.3 to provide necessary police protection to the petitioner for installing cell phone towers in both the sites respectively at https://www.mhc.tn.gov.in/judis W.P.No.8161 of 2025 TS No.1103/3A Pudupet Road, 7th street, Gandhi Nagar, 2nd cross, Tirupathur 635601 and Tirupathur district, Tirupathur joint 1 sub - District Tirupattur town, Georgepet, ward 4, Block 3, Town survey no. 123, Tirupattur 635 602 both falling within the district administration of Tirupattur and within the jurisdiction of the 2nd respondent and prevent any hindrances and obstacles from any third parties, groups, mobs. For Petitioner : Mr.P.J.Rishikesh For R1 : Mr.P.Balathandayutham Special Government Pleader For R2 and R3 : Mr.A.Gopinath Government Advocate (Crl.side) ORDER This Writ Petition has been filed for direction directing the respondents No.2 and No.3 to provide necessary police protection to the petitioner for installing cell phone towers in both the sites respectively at TS No.1103/3A Pudupet Road, 7th street, Gandhi Nagar, 2nd cross, Tirupathur 635601 and Tirupathur district, Tirupathur joint 1 sub - District Tirupattur town, Georgepet, ward 4, Block 3, Town survey no. 123, Tirupattur 635 602. 2. Heard both sides and perused the materials available on record. https://www.mhc.tn.gov.in/judis W.P.No.8161 of 2025 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 https://www.mhc.tn.gov.in/judis W.P.No.8161 of 2025 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, wherein the very same petitioner was a party. 6. 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 petition for the relief stated https://www.mhc.tn.gov.in/judis W.P.No.8161 of 2025 supra. 3.Heard the learned Additional Public Prosecutor appearing for the respondent. 4.Considering the facts and circumstances of the case, the petitioner is directed to send a fresh representation to the respondent and on receipt of the same, the respondent is directed to consider the representation to be submitted by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of one week from the date of receipt of copy of this order. 5.With the above directions, this Criminal Original Petition is disposed of.” 7. This Court has consistently taken the view that no one can be prevented from erecting the cell phone towers on a mere apprehension about the effect of radiation from the cell phone tower. The apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions. 8. For the reasons stated above, there shall be a direction to the respondent police to provide police protection to the petitioner for erection of the cell phone tower. The respondent police shall ensure that https://www.mhc.tn.gov.in/judis W.P.No.8161 of 2025 the entire process goes on in a smooth manner, without giving raise to any law and order problem. 9. In view of the above, this Writ Petition petition is disposed of. No costs. 10.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis W.P.No.8161 of 2025 To 1. The District Collector, Collectorate, Government Garden, Tirupathur 635 601. 2. The Superintendent of Police, Superintendent of Police Office, Pudupettai Road, Thirupattur 635 601. 3. The Inspector of Police, R.Tirupattur Police Station, Tirupattur Police Station, Railway Station Road, Tirupattur 635 601. 4. The Public Prosecutor, High Court, Madras. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.8161 of 2025 G.K.ILANTHIRAIYAN. J, mn W.P.No.8161 of 2025 10.03.2025 https://www.mhc.tn.gov.in/judis