WP Crl. No. 1318 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 1318 of 2025 Elever Digitel Infrastructure Pvt Ltd Formerly ATC Telecom Infrastructure Pvt Lts, Represented by its Authorised Signatory/Power Agent, Mr. Rajeev M, Circle HEad Tamil Nadu 53 years, T. nagar, Chennai-600017. ..Petitioner(s) Vs 1. The District Collector Collector Office, Chennai-600 001. 2. The commissioner of Police Chennai-600 007. 3. The Inspector of Police R-11, Ramapuram Police Station, Royala nagar, Valasaravakkam, Chennai-600089. 4. S.Thirunavukarasu 5. S.Ramamoorthy R4 & R5 impleaded as per order passed in W.M.P.No.127 of 2025 dated 30.06.2026 ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 3rd respondent to forthwith provide effective and adequate police protection to the petitioners company and its staff yo fully complete the establishment of transmission mobile tower and to install all the telecommunication electrical and electronic equipments, cables at the licensed site consisting of the open area in No.26/3, 2nd Strreet Annai Sathya Nagar, Ramapuram Tiruvallur-600 089, roof top/ Ground space admeasuring about 500 sqft out of total building comprised in https://www.mhc.tn.gov.in/judis WP Crl. No. 1318 of 2025 __________ Page2 of 6 No.77 Old No.85, Sy.No.26/3A,1C Ramapuram VIllage, Tiruvalur District, South Chennai District 600089 bearing Patta No.5387, on the basis of the complain filed by the petitioner dated 22.08.2025. For Petitioner(s): Mr.J.Ravikumar For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government ORDER This Writ Petition has been filed seeking direction to the 3rd respondent to forthwith provide effective and adequate police protection to the petitioners company and its staff yo fully complete the establishment of transmission mobile tower and to install all the telecommunication electrical and electronic equipments, cables at the licensed site consisting of the open area in No.26/3, 2nd Strreet Annai Sathya Nagar, Ramapuram Tiruvallur-600 089, roof top/ Ground space admeasuring about 500 sqft out of total building comprised in No.77 Old No.85, Sy.No.26/3A,1C Ramapuram VIllage, Tiruvalur District, South Chennai District 600089 bearing Patta No.5387, on the basis of the complain filed by the petitioner dated 22.08.2025. 2. Heard the learned counsel appearing on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis WP Crl. No. 1318 of 2025 __________ Page3 of 6 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. https://www.mhc.tn.gov.in/judis WP Crl. No. 1318 of 2025 __________ Page4 of 6 6. Therefore, it would 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 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 https://www.mhc.tn.gov.in/judis WP Crl. No. 1318 of 2025 __________ Page5 of 6 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 respondents police to provide police protection to the petitioner for erection of the cell phone tower. The respondents police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem. 9. With the above directions, this Writ Petition petition is disposed of. There shall be no order as to costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMA https://www.mhc.tn.gov.in/judis WP Crl. No. 1318 of 2025 __________ Page6 of 6 G.K.ILANTHIRAIYAN, J. SMA To 1.The District Collector Collector Office, Chennai-600 001. 2. The commissioner of Police Chennai-600 007. 3. The Inspector of Police R-11, Ramapuram Police Station, Royala nagar, Valasaravakkam, Chennai-600089. 4. The Public Prosecutor, Madras High Court WP Crl. No. 1318 of 2025 30-06-2026 https://www.mhc.tn.gov.in/judis