Disposed¶44

Indus Towers Limited v. The District Collector

Madras HC24 Jun 2026WP Crl./1404/2026

Case brief

AI extract

What is this about?

police protection for mobile tower erection; Indus Towers Limited; Puducherry police; writ of mandamus Article 226 Constitution of India; cell phone tower radiation apprehension no scientific backing; Crl.O.P.No.16618 of 2018 dated 28.06.2018; G.O.Ms.No.2 dated 01.04.2002 Tamil Nadu telecom exemption; W.P.Crl.No.1404 of 2026; Sandhai Pudukuppam Village Thirukkanur R.S.No.61/4; Katterikuppam Police Station; Companies Act 1956 telecom licensee.

What did the court decide?

Direction to respondents police (respondents 2 to 4) to provide police protection to the petitioner for erection of the cell phone tower and to ensure the entire process goes on smoothly without any law and order problem; writ petition disposed of with no order as to costs. ¶44

Indus Towers Limited Vs The District Collector — Company and Corporate | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 2 to 4 (police authorities) should be directed to provide police protection to the petitioner for its mobile phone tower works on about 1800 square feet of land in No.79, Pillaiyar Koil Street, R.S.No.61/4, Sandhai Pudukuppam Village, Thirukkanur, Puducherry District, on the petitioner's representation dated 08.05.2026. +1 more

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Court's answer

There shall be a direction to the respondents police to provide police protection to the petitioner for erection of the cell phone tower, and the respondents police shall ensure the entire process goes on smoothly without giving rise to any law and order problem.

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Ratio / Principle

This Court has consistently taken the view that no one can be prevented from erecting cell phone towers on a mere apprehension about the effect of radiation; such apprehension has no scientific backing, and till a positive finding is given in this regard, cell phone towers cannot be prevented from being installed on mere apprehensions.

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Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan J.), 24.06.2026, W.P.Crl.No.1404 of 2026: Indus Towers Limited sought a writ of mandamus under Article 226 directing the Puducherry police authorities (respondents 2 to 4) to provide police protection for erection of a mobile phone tower on about 1800 sq. ft. of leased land in R.S.No.61/4, Sandhai Pudukuppam Village, Thirukkanur, pursuant to its representation dated 08.05.2026, after residents obstructed the works and the police failed to act. Relying on Crl.O.P.No.16618 of 2018 (dated 28.06.2018) and this Court's consistent view that cell phone towers cannot be prevented on mere apprehensions of radiation harm lacking scientific backing, the Court directed the respondents police to provide protection and ensure the installation proceeds smoothly without law and order problems; petition disposed of without costs.

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W.P.Crl.No.1404 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.06.2026

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.Crl.No.1404 of 2026

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Indus Towers Limited, Rep. By its Authorized Signatory Paridhi Arasu, No.5, ESPEE IT Park, 5^th Floor, Jawaharlal Nehru Road, Ekkathuthangal, Chennai – 600 032. ... Petitioner

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1.The District Collector, Puducherry District.

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2.The Senior Superintendent of Police, Puducherry District.

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3.The Superintendent of Police-Rural, Puducherry District.

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4.The Inspector of Police, Katterikuppam Police Station, Thirukkanur, Villianur Taluk, Puducherry District. ... Respondents

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PRAYER: Writ Petition(Crl.) filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents 2 to 4 to provide necessary police protection to the petitioner for their mobile phone tower works in the premises measuring an extent Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.No.1404 of 2026 of about 1800 square feet of land comprised in No.79, Pillaiyar Koil Street, in R.S.No.61/4, Sandhai Pudukuppam Village, Thirukkanur, Puducherry District - 605 502, falling within the district administration of the 1st respondent, on the representation dated 08.05.2026 set by SPAD to the 4th respondent

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For Petitioner : Mr.S.Anil Sandeep

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Fo r Respondents : Mr s .G.Djearany, Government Advocate(crl.side)

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ORDER

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This Writ Petition has been filed for direction to respondents

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2 to 4 to provide necessary police protection to the petitioner for their mobile phone tower works in the premises measuring an extent of about 1800 square feet of land comprised in No.79, Pillaiyar Koil Street, in R.S.No.61/4, Sandhai Pudukuppam Village, Thirukkanur, Puducherry District - 605 502, falling within the district administration of the 1st respondent, on the representation dated 08.05.2026 sent by SPAD to the 4th respondent

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

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Page 2 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.No.1404 of 2026

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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.

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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 respondents Police to provide them with protection. However, the respondents Police had not acted upon the said complaint and therefore, the present Writ Petition has been filed.

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The learned counsel appearing for the petitioner would Page 3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.No.1404 of 2026 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.

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It will be appropriate to extract the relevant portions of the order passed in Crl.O.P.No.16618 of 2018, dated 28.06.2018, hereunder:

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“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.

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Page 4 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.No.1404 of 2026

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3.Heard the learned Additional Public Prosecutor appearing for the respondent.

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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.

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5.With the above directions, this Criminal Original Petition is disposed of.”

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This Court has consistently taken the view that no one can be

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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.

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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

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Page 5 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.No.1404 of 2026 the entire process goes on in a smooth manner, without giving raise to any law and order problem.

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9 . With the above directions, this Writ Petition petition is

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disposed of. There shall be no order as to costs.

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24.06.2026