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Madras High CourtWP/14479/2015disposed of

M/S.Deekay Constructions v. The Commissioner Of Police

2015-05-13Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 13.5.2015.

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH W.P.No.14479 of 2015 and M.P.Nos.1 and 2 of 2015 1 M/s.Deekay Constructions (Chennai) Pvt. Ltd., Represented by its Managing Director Mangal Chand Ostwal, No.1 Sylvan Lodge Colony II Cross Street Kilpauk Chennai 600 010.

2 Nikhil.G.

...Petitioners

vs.

1 The Commissioner of Police Greater Chennai 132 EVK Sampath road Vepery Chennai 600 007.

2 The Assistant Commissioner of Police Nungambakkam Range F-3 Nungambakkam Police Station Valluvar Kottam High Road Chennai 600 034.

3 The Inspector of Police Law & Order F-5 Choolaimedu Police Station Athreyapuram Main Road Choolaimedu Chennai 600 094.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the

respondents to consider and dispose of the petitioner's representation dated 5.5.2015 within a time frame. For Petitioners : Mr.M.Deivanandam For Respondents : Mr.A.Kumar, Special Government Pleader

ORDER

The present writ petition has been filed seeking a direction to the respondents to consider and dispose of the petitioner's representation dated 5.5.2015 seeking police protection for their construction activities.

2. The first petitioner Company and the second petitioner have purchased a vacant land situate at Vinayagapuram III Street, Puliyoor Village comprised in T.S.No.8 (Part), 8/6 (part), previously 8/109 (part) and presently T.S.No.8/113 measuring an extent of 11,200 sqft. Subsequent to the purchase, patta was also issued in the name of Deekay Constructions, the first petitioner herein by the Tahsildar, Egmore-Nungambakkam Taluk. On 9.4.2015, when the petitioners have commenced the construction activity in the said property, one Maruthi and Sriramulu alongwith 20 to 25 hirelings trespassed into the property, threatened to assault the construction workers and chased out all the persons from the property. In that regard, a complaint was lodged with the third respondent on 28.4.2015 in Petition No.258/CSR/F5PS/15. Whileso, again on 5.5.

2015, the said Maruthi and Sriramulu and their men threatened all the workers with dire consequences and chased them out of the property. Hence, the petitioners have made a representation dated 5.5.2015 seeking police protection to the persons involved in the construction activities in the said property. But, the said representation was not considered so far and hence, they have come forward with the present writ petition.

3. Having heard the learned counsel for the petitioner as well as the learned Special Government Pleader, this court is inclined to pass the following order:- The *second respondent is directed to consider the petitioner's representation dated 5.5.2015 with regard to providing of police protection to the workers involved in construction work in the said property and pass appropriate orders on merits within a period of four weeks from the date of receipt of copy of this order.

4. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.

Sd/- Vacation Officer Dated : 03.06.2015 * Order amended as per order of this Court vide order in WP.14479/15 dated 03.06.2015 Sd/- Assistant Registrar(CS II) Dated : 10.06.2015 //True Copy// Sub Assistant Registrar ssk.

To

1. The Commissioner of Police Greater Chennai 132 EVK Sampath road Vepery Chennai 600 007. To be substituted for

2. The Assistant Commissioner of Police the order already Nungambakkam Range F-3 Nungambakkam Police Station despatched on 18.05.2015 Valluvar Kottam High Road Chennai 600 034.

3. The Inspector of Police Law & Order F-5 Choolaimedu Police Station Athreyapuram Main Road Choolaimedu Chennai 600 094.

1 CC to Mr.M.Deivanandam, Advocate SR.No. 25166 1 CC to the Government Pleader, SR.No. 25135 W.P.No.14479 of 2015 KU (CO) PSI (14.05.2015) CA(10/06/2015)