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CDJ 2025 MHC 7813 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : Writ Petition Crl. (MD) No. 2646 of 2025
Judges: THE HONOURABLE MRS. JUSTICE S. SRIMATHY
Parties : Indus Towers Limited, ESPEE, IT Park, Chennai rep., by its Authorized Signatory, K.N. Paridhi Arasu Versus The District Collector, Madurai & Others
Appearing Advocates : For the Petitioner: M. Ponniah, Advocate. For the Respondent: R2, R3, R4, A.S. Abul Kalaam Azad, Government Advocate (crl.side), R1, M. Muthu Manickam, Government Advocate.
Date of Judgment : 18-12-2025
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 2 to 4 to provide necessary police protection to the petitioner for their telecommunication tower installation and operation work in the premises measuring 1680 sq.ft comprised in Re.S.No.575/3B, Plot NO.10, Sengundram Nagar, 3rd Street, Avaniyapuram, Madurai South, Madurai District and premises measuring 1650 sq.ft comprised in Old.S.No.382/1A2A1, Plot No.16, Town S.No.13, Ward 22, Block No.12, Gopalapuram, Madakkulam Village, Madurai District forthwith on the basis of the complaints made by the petitioner to the fourth respondent on 18.11.2025.)

1. This Writ Petition has been filed seeking a direction to the respondents 2 to 4 to provide necessary police protection to the petitioner for their telecommunication tower installation and operation work in the premises measuring 1680 sq.ft comprised in Re.S.No.575/3B, Plot NO.10, Sengundram Nagar, 3rd Street, Avaniyapuram, Madurai South, Madurai District and premises measuring 1650 sq.ft comprised in Old.S.No.382/1A2A1, Plot No.16, Town S.No.13, Ward 22, Block No.12, Gopalapuram, Madakkulam Village, Madurai District forthwith on the basis of the complaints made by the petitioner to the fourth respondent on 18.11.2025.

2. It is submitted by the learned counsel for the petitioner that the petitioner has already submitted an application under Rule 15(4) of the Telecommunications (Right of Way) Rules, 2024. Upon submission of such application, the Nodal Agency, namely the Electronics Corporation of Tamil Nadu Limited (ELCOT), which is the competent authority for the erection of mobile phone towers, has raised no objection to the proposed erection. Therefore, there is no legal impediment to erecting the towers.

3. The learned Government Advocates appearing for the respondents submitted that there were objections from the local residents, which were also reported in the local newspapers. However, despite such objections, there is no legal impediment under the law.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. Considering the facts and circumstances of the case, this Court directs respondent Nos.2 to 6 to provide necessary police protection, in accordance with law, to the petitioner for the erection and operation of mobile phone towers in the premises measuring 1680 sq.ft comprised in Re.S.No.575/3B, Plot NO.10, Sengundram Nagar, 3rd Street, Avaniyapuram, Madurai South, Madurai District and premises measuring 1650 sq.ft comprised in Old.S.No.382/1A2A1, Plot No.16, Town S.No.13, Ward 22, Block No.12, Gopalapuram, Madakkulam Village, Madurai District.

6. With the above directions, this Writ Petition is allowed.
 
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