M/S.Charoen Pokphand Private Ltd v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP.No.1369 of 2024 M/s.Charoen Pokphand Private Limited, Presently known as CPF India Private Limited, Represented by its Authorised Signatory, L.Suresh Kumar, No.F2, First Floor, No.40, Second Street, Spartan Nagar, Mugappair East, Chennai - 600 037 ... Petitioner Vs.

1.The State represented by, Additional Director General of Police, Law and Order, Tamil Nadu.

DGP Office Complex, Mylapore, Chennai - 600 004.

2.The State represented by its, Inspector of Police, Melpatti Police Station, Pernambut Taluk, Vellore District.

3.R.Karthikeyan 1/5

4.D.Vinayagam ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Prohibition to prohibit the 2nd respondent herein from exercising and abusing its power by forcibly dispossessing the petitioner from its land comprised in Old Survey No.89/1 (part), New Survey Nos.89/1A and 89/1B, situate at Kothamarikuppam Village, formerly Gudiyattam Taluk, now Pernambut Taluk, Vellore District, measuring a total extent of 6.5 Acres or thereabouts, together with superstructure thereon, without following any due process of law and contrary to the provisions of law.

For Petitioner : Mr.T.Mohan Standing Counsel for M/s.R.Priyanka For Respondents : Mr.A.Damodaran for R1 and R2 Additional Public Prosecutor

ORDER

This writ petition has been filed for restraining the police from interfering with the civil dispute and thereby forcibly dispossessing the petitioner from the subject property.

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2.

The learned Additional Public Prosecutor on instructions submitted that the police do not intend to dispossess any one and that the police had called for an enquiry only based on an FIR that was registered in Crime No.281 of 2023 dated 14.12.2023, which was registered based on the complaint given by the 3rd respondent herein against M/s.Charoen Pokphand Private Limited, on the ground that he was illegally dispossessed. The learned Additional Public Prosecutor submitted that the enquiry is required in order to identify the persons who were all connected with the incident, in the course of investigation.

3.

Taking into consideration the facts and circumstances of the case and the submissions made by the learned Additional Public Prosecutor, it is clear that the 2nd respondent had called for an enquiry in the course of investigation in Crime No.281 of 2023 and the respondent police was not intending to dispossess any one from the property. This clarity will sufficiently take care of the grievance expressed by the petitioner. 3/5

4.

This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 23.01.2024 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To 1.The Additional Director General of Police, Law and Order, Tamil Nadu.

DGP Office Complex, Mylapore, Chennai - 600 004.

2.The Inspector of Police, Melpatti Police Station, Pernambut Taluk, Vellore District.

3.The Public Prosecutor, Madras High Court, Chennai.

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N.ANAND VENKATESH,J.

rka and WMP.No.1369 of 2024 23.01.2024 5/5