E.I.D.Parry (India) Limited v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.800 of 2020 and W.M.P Nos.960 & 2332 of 2020 E.I.D Parry (Inda) Limited Sugar Factory Nellikuppam, Cuddalore District And E.I.D Parry (India)Limited Represented by its Senior Manager (Legal) having its registered office at Dare House, Parry's Corner Chennai-600 001 Tamil Nadu.
... Petitioner Vs 1.The Superintendent of Police Cuddalore-607 001
2. Inspector of Police Nellikuppam Cuddalore
3. EID Parry Anaithu Karumbu Vivasigal Sangam Kootamaibu Door No.27/41,. Morai Mettu Street Nellikuppam-607 105
4. Tamil Nadu Karumbu Vivasaigal Sangam Door No.3/3, Morai Mettu Street Nellikuppam-607 105.
... Respondents Prayer :
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the Respondents 1 & 2 to take action pursuant to the criminal complaint dated 08.01.2019 against those attempting to threaten, or disturb the petitioner's peaceful possession by unlawful actions, and to thereafter provide police protection to the petitioner's industry to run peacefully with its staff and willing workers and thereby prevent the 3rd and 4th respondent union, their members, office bearers, agents and outside supporters, from assembling within a radius of 500 metres of the petitioner's factory premises, from preventing free ingress and egress of men, materials, and vehicles from the petitioner's factory premises situated at # 138, Keel Arungunam Road, Nellikippam, Cuddalore District-607 105.
For Petitioner : Mr.Sathish Parasaran, Senior Counsel For Mr.R.Parthasarathy For Respondents : Mr.S.Karthikeyan for R1 & R2 Additional Public Prosecutor Mr.S.Udayakumar for R3 & R4
ORDER
This petition has been filed seeking for a direction to the respondents to take action pursuant to the criminal complaint dated 08.01.2019 against those attempting to threaten, or disturb the petitioner's peaceful possession by unlawful actions, and to thereafter provide police protection to the petitioner's industry to run peacefully with its staff and willing workers and thereby prevent the 3rd and 4th respondent union, their members, office bearers, agents and outside supporters, from assembling within a radius of 500 metres of the petitioner's factory premises, from preventing free ingress and egress of men, materials, and vehicles from the petitioner's factory premises situated at # 138, Keel Arungunam Road, Nellikuppam, Cuddalore District-607 105.
2. Considering the above facts and circumstances of the case, this Court already directed the 2nd respondent to provide adequate police protection to the petitioner factory and also ensure the members of the 3rd and 4th respondents are not to assemble within the radius of 200 metres from the petitioner's premises by an order dated 10.01.2020. Accordingly, the 2nd respondent has provided adequate police protection to the factory.
3. The learned Additional Public Prosecutor submitted that now the petitioner's factory is running smoothly. Further, the police protection cannot be continued for ever. However, whenever requires, the petitioner is at liberty to lodge a fresh complaint on the fresh cause of action to the 2nd respondent and on receipt of the same, the 2nd respondent is directed to issue notice to the 3rd and 4th respondents and pass appropriate orders in accordance with law.
4. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CO MDU) //True copy// Sub Assistant Registrar uma
To 1.The Superintendent of Police Cuddalore-607 001
2. Inspector of Police Nellikuppam Cuddalore
3. The Public Prosecutor High Court, Madras.
+1cc to Mr.R.Parthasarathy, Advocate SR.No.25812 +1cc to Mr.S.Udayakumar, Advocate SR.No.25799 W.P.No.800 of 2020 and W.M.P Nos.960 and 2332 of 2020 MP(CO) GMY(21/08/2020)