In W.P.No.14050 of 2022- MAD HC- No one can be prevented from erecting cell phone towers on mere apprehension about effect of radiation: Madras HC grants police protection to telecom company for erection of tower Justice C.V.Karthikeyan [02-06-2022]

Read Order: M/s. Ascend Telecom Infrastructure Private Limited Vs. The Superintendent of Police And Ors 

LE Correspondent

Chennai, June 7, 2022: Reaffirming 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 Madras High Court has opined that such apprehension does not have a scientific backing.

Stating that till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions, the Bench of Justice C.V.Karthikeyan has directed the official respondents to provide police protection to the petitioner-telecom company for erection of the cell phone tower. 

The Petitioner-Company(M/s. Ascend Telecom Infrastructure Private Limited), 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 had granted exemption to all the Telecom companies to install the cell phone towers by virtue of Government Order.

The issue arose when the petitioner attempted to erect the cell phone tower and some unknown anti social elements calling themselves as protectors of the area had restrained the petitioner’s employees from carrying out their duties. In this regard, the petitioner gave a complaint seeking police protection but said complaint was not acted upon and therefore, the present Petition was filed.

Referring to an earlier order whereby the police authority was directed to consider the representation to be submitted by the petitioner and pass appropriate orders, Justice Karthikeyan allowed this petition and directed the police to  ensure that the entire process goes on in a smooth manner, without giving rise to any law and order problem.