Dalmia Cement (Bharat) Limited v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.1303 of 2016 and W.M.P.Nos.1069 and 1070 of 2016 and Crl.O.P.Nos.416 and 954 of 2016 W.P.No.1303 of 2016:
Dalmia Cement (Bharat) Limited rep. by its Senior General Manager ... Petitioner vs.
1.State of Tamil Nadu, rep. by the Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai-9.
2.The District Collector, Ariyalur District, 3.The Superintendent of Police, 4.Ariyalur - Perambalur District, All Tipper and Trailor Owners' Association, rep. by its President.
5.Boomi Transport, rep. by its Proprietor Bhoominathan 6.T.R.R. Earth Movers, rep. by its Proprietor R.Rajendran 7.Karuppasamy Transport, rep. by its Proprietor R.Kathiresan ... Respondents
Crl.O.P.No.416 of 2016:
P.S.Sethuraman ... Petitioner vs.
1.The Superintendent of Police, Ariyalur, Ariyalur District.
2.The Inspector of Police, Ayarlapath Police Station, ... Respondents Crl.O.P.No.954 of 2016:
E2e Supply Chain Solutions Limited, rep. by its Authorised Signatory Muthukumar.KN ... Petitioner vs.
1.The Superintendent of Police, Ariyalur, Ariyalur District.
2.The Inspector of Police, Keezhapallur Police Station, ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 2 and 3 to take necessary action on the petitioner's complaint dated 9.1.2016 submitted to the second respondent and further directing the respondents 2 and 3 to give police protection to the petitioner, its men and properties including the transport operators being / to be engaged by the petitioner for the purpose of transporting limestone from its mines in Ariyalur District to its plant at Ariyalur / Dalmiapuram.
Crl.O.P.No.416 of 2016 has been filed under Section 482 Cr.P.C. to direct the respondents to provide police protection for the transport of minerals from Ariyalur to Dalmiapuram on the basis of the complaint dated 10.12.2015.
Crl.O.P.No.954 of 2016 has been filed under Section 482 Cr.P.C. to direct the respondents to provide police protection for the transport of minerals from Ariyalur to Dalmiapuram on the basis of the complaint dated 10.1.2016.
W.P.No.1303 of 2016:
For Petitioner : Mr.R.Shanmugha Sundaram, SC, for M/s.Satish Parasaran For Respondents:
Mr.C.Emalias, Addl. Public Prosecutor Cr.O.P.No.416 of 2016:
For petitioner :
Mr.T.K.S.Gandhi For respondents:
Mr.C.Emalias, Addl. Public Prosecutor Crl.O.P.No.954 of 2016:
For petitioner :
Mr.K.Elangoo For respondents:
Mr.C.Emalias, Addl. Public Prosecutor COMMON ORDER Since the issues involved in the writ petition as well as Crl.O.Ps, are one and the same, they are disposed of by way of a common order.
2. All these petitions have been filed to direct the respondent police to provide police protection to the petitioner in all the petitions for transport of minerals from Ariyalur to Dalmiapuram.
3. Though detailed averments were made by the petitioners in all these petitions, the sum and substance of their case, is as follows:- The petitioners in Crl.O.P.Nos.416 and 954 of 2016 are presently having contract with Dalmia Cement (Bharat) Limited, the petitioner in W.P.No.1303 of 2016 for transporting limestones from the mines of Dalmia Cement (Bharat) Limited to its plaints at Dalmiapuram and Ariyalur. They have also purchased newly built special fuel and pollution free tipper lorries to undertake this movement. They have also entered into an agreement with the writ petitioner for this purpose. While so, the earlier contractors, whose contract had already expired, started to create problem with the help of local political persons and henchmen. They have also gone to the extent of attacking the petitioners' drivers with stones and caused damage to the properties and persons. In fact, one of the petitioner's
driver suffered blood loss. The goondas have threatened the life of them if they resume operations. Hence, the petitioners have come forward with the present writ petition as well as Crl.O.Ps. seeking the reliefs stated supra.
4. I have heard the submissions made by the learned counsel on all the sides and perused the materials available on record.
5. From the materials available on record, I find that the representation filed by the writ petitioner dated 9.1.2016 and the complaints given by the petitioners in Crl.O.P.Nos.416 and 954 of 2016 dated 10.12.2015 and 10.1.206 respectively are pending before the Superintendent of Police, Ariyalur and the Inspectors of Police, Ayarlapath Police Station and Keezhapallur Police Station, Ariyalur.
6. Hence, this Court directs the Superintendent of Police, Ariyalur, to consider the representation of the writ petitioner dated 9.1.2016 with regard to providing police protection to the petitioner, its men and properties including the transport operators being / to be engaged by the petitioner for the purpose of transporting limestone from its mines in Ariyalur District to its plant at Ariyalur / Dalmiapuram, and pass appropriate orders on merits and in accordance with law, within a period of three days from the date of receipt of a copy of this order.
7. Further, the second respondent in both the Crl.O.Ps. viz., the Inspector of Police, Ayarlapath Police Station and Keezhapallur Police Station, Ariyalur are directed to conduct enquiry on the complaints given by the petitioners dated 10.12.2015 and 10.1.206 and if there are materials indicating commission of offence, they are also directed to investigate the matter and proceed further in accordance with law, as early as possible.
8. The writ petition and criminal original petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
sbi To 1.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai-9.
2.The District Collector, Ariyalur District, Ariyalur.
3.The Superintendent of Police, Ariyalur, Ariyalur District.
4.The Inspector of Police, Ayarlapath Police Station, 5.The Inspector of Police, Keezhapallur Police Station, 6.The Public Prosecutor, High Court, Madras. +1 cc to Mr.Sathish Patasaran, Advocate, sr.4451 +1 cc to Mr.K.Elango, Advocate, sr.4232 +2 ccs to Mr.T.K.S.Gandhi, Advocate, sr.4353 W.P.No.1303 of 2016 and Crl.O.P.Nos.416 and 954 of 2016 scd co kra 27.01.2016