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Madras High CourtWP/5680/2020disposed of

Craigmore Plantations (I) Pvt Ltd v. The Superintendent Of Police

2020-03-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.5680 of 2020 Craigmore Plantations (I) Private Limited Kullakamby Coonoor Nilgris District Rep. by its Deputy General Manager Shilajit Roy Choudhury S/o S.S.roy Choudhury ...

Petitioner Vs

1. The Superintendent of Police Nilgris District Udhagamandalm

2. The Inspector of Police Kullakamby Police Station Kullakamby - 643 218. ...Respondents Prayer:- This Writ Petition filed under Article 226 of the Constitutional India., directing the Inspector of Police, Kullakamby Police Station, Kullakamby - 643 218, the second respondent herein to consider the representation dated 08.01.2020 sent by the petitioner and dispose it on merits within a time frame as may be fixed by this Court. For Petitioner :

Mr.S.Ramachandran For Respondents :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The writ petition has been filed, directing the Inspector of Police, Kullakamby Police Station, Kullakamby - 643 218, the second Respondent herein to consider the representation dated

08.01.2020 sent by the petitioner and dispose it on merits within a time frame fixed by this Court.

2. The case of the petitioner is that Craigmore Plantations (India) Private Limited, is a company started long back and it is registered under the plantations Labour Act, 1951. He joined the petitioner company in the year 2017 and presently working as the Deputy General Manager of Craigmore Plantations (I) Private Limited. Among other areas, we have an Estate measuring about 822 acres at Kullakamby, Coonoor, The Nilgris. The petitioner submits that in the above said Estate alone, around 500 people are employed and he is the administrative in charge of the Headquarters Estate and the Craigmore Tea Factory. While that being so there was a necessity to re-install the gates at our Headquarters Estate that was in place for over 50 years, first near our Tea Field number 14, on our private road, second one near our Tea Field number 21 and the third one near our Tea field No.20 joins Terramania Estate lying beyond our boundary, which are in our patta lands.

3. As some of the Villagers are trying to trespass into the Estate belonging to the Company, we have sought for Police Protection during the re-installation of the gates. However, the Police did not respond properly, which prompted us to file a Criminal Original Petition in Crl.O.P.No. 15126 of 2017 on the file of this Court. By Order dated 31.07.2017, the above petition was disposed of by this Court, directing the Inspector of Police, Kullakamby to decide appropriately on the representation of the Company within six weeks of the receipt of the copy of that order. However, no decision was taken on the Company's representation given in this regard.

4. On 08.01.2020, he sent another representation to the respondents detailing the entire facts and asked them to provide security during re-installation of the gates. Despite the receipt of the representation, the respondents have not acted on it.

5. Without expressing any opinion on merits, I am inclined to issue a direction to the respondents to dispose of the Writ Petitioner's representation dated 08.01.2020, within a period of twelve weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dua

To 1.The Superintendent of Police Nilgris District Udhagamandalm 2.The Inspector of Police Kullakamby Police Station Kullakamby - 643 218.

3.The Public Prosecutor High Court, Madras.

+1cc to M/s.S.Ramachandran, Advocate, S.R.No.19969 W.P.No.5680 of 2020 RLD(CO) KKV/24/07/2020