W.P.No.7812 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7812 of 2025 and W.M.P.No.8775 of 2025 M/s.Megagrid Voltares Bharath Pvt.Ltd, No.75/34 3rd Main Road, Kasturba Nagar, Adyar, Chennai 600020. Represented By Its Director, C.K.Sridhar ... Petitioner Vs 1. The Inspector General of Police, Central Zone, Tiruchirappalli 620023. State of Tamil Nadu. 2. The District Collector, District Collectorate Office, Mayiladuthurai 609001. 3. The Superintendent of Police, Mayiladuthurai District, 29C Subramaniyapuram, Arupathimoovarpettai, Mayiladuthurai, Tamil Nadu 609001. 4. The Deputy Superintendent of Police, https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 New Bus Stand Road, Sirkazhi, Sirkali Taluk, Tamil Nadu 609110. 5. The Inspector of Police, Thiruvengadu Police Station, Thiruvengadu, Tamil Nadu 609114. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondents 3 to 5 to give necessary police protection to the petitioner for the purpose of installation, erection and commissioning of Solar Power Plant on the project site of the petitioner at Neppathur Village, Sirkazhi Taluk by considering the representation of the petitioner dated 07.02.2025, 14.02.2025 and 19.02.2025. For Petitioner : M/s.R.Umasuthan For R1, R3, R4 and R5 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 : Mr.P.Balathandayutham Special Government Pleader ORDER This Writ Petition has been filed for direction directing the respondents 3 to 5 to give necessary police protection to the petitioner for the purpose of installation, erection and commissioning of Solar Power Plant on the project site of the petitioner at Neppathur Village, Sirkazhi Taluk by considering the representation of the petitioner dated https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 07.02.2025, 14.02.2025 and 19.02.2025. 2. Heard the learned counsel on either side and perused the materials available on record. 3. The case of the petitioner is that the petitioner acquired a vacant land ad-measuring an extent of 105.03 acres, in Neppathur Village, Sirkazhi Taluk, Mayiladuthurai District for the purpose of installation and commissioning of Solar Power Plant. The subject property was duly surveyed and approved by the appropriate authority concerned. The petitioner submitted an application dated 16.12.2023 and approval was also granted. 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 solar power plant, the residents of the area came to the spot and started causing hindrance to https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 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 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 https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 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 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 https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 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 solar power plant. The respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem. Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 9. In view of the above, this Writ Petition petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. 05.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 To 1. The Inspector General of Police, Central Zone, Tiruchirappalli 620023. State of Tamil Nadu. 2. The District Collector, District Collectorate Office, Mayiladuthurai 609001. 3. The Superintendent of Police, Mayiladuthurai District, 29C Subramaniyapuram, Arupathimoovarpettai, Mayiladuthurai, Tamil Nadu 609001. 4. The Deputy Superintendent of Police, New Bus Stand Road, Sirkazhi, Sirkali Taluk, Tamil Nadu 609110. 5. The Inspector of Police, Thiruvengadu Police Station, Thiruvengadu, Tamil Nadu 609114. 6. The Public Prosecutor, High Court, Madras. Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.7812 of 2025 G.K.ILANTHIRAIYAN. J, mn W.P.No.7812 of 2025 05.03.2025 https://www.mhc.tn.gov.in/judis