Venkateshwaran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN 1.Venkateshwaran 2.Mohamed Rafi 3.Arumugam 4.Eswaran
...Petitioners
Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Mayiladuthurai District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mayilduthurai District.
3.The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue a direction, directing the Respondents to provide police protection to the petitioners to carry their lawful business by considering petitioners representation dated on 04.03.2023.
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For Petitioners : Mr.U.Kathiravan For Respondents : Mr.S.Santhosh Government Advocate (Criminal side)
ORDER
This Criminal Original Petition has been filed for directing the Respondents to provide police protection to the petitioners to carry their lawful business by considering petitioners representation dated on 04.03.2023.
2. Learned counsel for the petitioner submitted that petitioners are appointed as Regular Hulling Agent by Tamil Nadu Civil Supplies Corporation. Petitioner entered into an agreement with Tamil Nadu Civil Supplies Corporation for transportation of paddy. They are transporting paddy through their lorries. Local lorry owners, through their Association, are objecting the petitioners' using their lorries for transportation of paddy. They have no right to do that. Petitioners sent a representation to the respondent police on 04.03.2023, seeking police protection to carry out their lawful business. Since police protection is not provided, this petition is filed for directing the Respondents to provide police protection to the petitioners to carry their lawful business by considering petitioners representation dated on 2/6
04.03.2023.
3. In response, learned Government Advocate (Criminal side) submitted that, on the basis of the representation of the petitioner on 04.03.2023, a meeting was held between the petitioners and local lorry owners Association. Petitioner enquiry in CSR.No.344 of 2023 is pending.
4. Considered the rival submissions and perused the records.
5. This Court finds from the documents produced that, petitioners entered into a valid agreement with Tamil Nadu Civil Supplies Corporation and as per the Circular of Tamil Nadu Civil Supplies Corporation, in Circular No.10 of 2023 in Na.Ka.No.MT9/4322/2023 dated 28.02.2023 they are transporting the paddy through their lorries. When the petitioners are doing a lawful business, the local lorry owners cannot interfere with the petitioners' lawful business.
6. Therefore, this Court directs the respondent police to consider the 3/6
petitioners' representation and pass appropriate orders within a period of two weeks from the date of a receipt of a copy of this Order, including giving police protection.
7. Accordingly, this Criminal Original Petition is allowed. 16.03.2023 Internet :Yes Index :Yes/No gd To:
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1.The Superintendent of Police, Office of the Superintendent of Police, Mayiladuthurai District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mayilduthurai District.
3.The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District.
4.The Public Prosecutor, High Court of Madras.
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G.CHANDRASEKHARAN, J.
gd 16.03.2023 6/6