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Madras High CourtWP/11800/2022disposed of

Tmt.Mullaimalar v. The Commissioner

2022-06-07Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.NO.11800 OF 2022 Mullaimalar ... Petitioner Vs.

1. The Commissioner, Corporation of Chennai Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2. The Commissioner of Police Madras No.132, EVK Sampath Road Vepery, Chennai - 600 007.

3. The Inspector of Police D6-Anna Square Police Station Triplicane, Chennai - 600 005.

4. The Station of the Inspector G2 Police Station, Raja Muthiah Road, Periyamet, Madras 600 003.

... Respondents PRAYER:

Writ Petition filed under Section 226 of the Constitution of India, 1950 praying to issue Writ of Mandamus directing the 3rd and 4th respondents to offer protection to the petitioner at Marina Swimming Pool situated at Triplicane, Madras and at the Swimming Pool situated at My Lady's Park, Vepery.

For Petitioner :

Mr.V.Raghavachari For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This writ petition has been filed to direct the respondent police to give police protection to run the Swimming Pool where the petitioner is a licensee.

2.

Heard Mr.V.Raghavachari, learned Counsel for the petitioner and Mr.A.Gokulakrishnan, Additional Public Prosecutor, appearing for the respondents.

3. Mr.V.Raghavachari, learned Counsel for the petitioner brought to the attention of this Court about the license dated 02.03.2017 issued by the Zonal Officer, Greater Chennai Corporation, to provide technical support with men and materials to the Marina Swimming Pool situated at Triplicane. The period of contract stipulated in the contract is 5 years initially and shall be extended to a further period of 5 years and totally 10 years on the satisfactory performance of the contract. The petitioner has also got operation, maintenance and management contract for Swimming Pool in My Lady Park situated at Vepery for 10 years. The contention of the petitioner is that after lockdown is lifted, when he attempted to set right certain repair works, some rowdy elements have been interfering and preventing him and his men from carrying out their works. Hence, he seeks for police protection.

4. Mr.A.Gokulakrishnan, Additional Public Prosecutor has not disputed the license. In such view of the matter, when a 3rd party or any rowdy elements interfering with the possession of the Swimming Pool in respect of which license has been given to the petitioner, it is the duty of the police to ensure that proper protection is given to the petitioner.

5. Accordingly, the 3rd and 4th respondents are directed to give necessary police protection to the petitioner whenever any third party or rowdy elements interfere.

6. With the above direction, this Writ Petition is disposed of.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ksa-2/nr

To 1.

The Commissioner, Corporation of Chennai Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2.

The Commissioner of Police Madras No.132, EVK Sampath Road Vepery, Chennai - 600 007.

3.

The Inspector of Police D6-Anna Square Police Station Triplicane, Chennai - 600 005.

4.

The Inspector of Police, G2 Police Station, Raja Muthiah Road, Periyamet, Madras 600 003.

5.

The Public Prosecutor High Court, Madras.

W.P.No.11800 of 2022 SMI(CO) RLP(20/06/2022)