Madras High CourtWP/17557/2021disposed of

Skm Contractor And Services Pvt. Ltd v. The Superintendent Of Police

2022-10-27Honourable Ms Justice R.N.Manjula8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2022

CORAM:

THE HONOURABLE MS JUSTICE R.N.MANJULA W.P.No.17557 of 2021 and WMP No.18661 of 2021 SKM Contractor & Services Pvt. Ltd., NH-79-SUI-Mettupatti Toll Plaza, Attur Main Road, Mettupatti-Village, M.Perumalpalayam - Post, Valappady Taluk, Salem District, Tamilnadu - 636 111.

Rep. by its authorised signatory, Mr.Amit Singh ... Petitioner Vs.

1. The Superintendent of Police, Salem District, Salem.

2. The Superintendent of Police, Kallakurichi District, Kallakurichi.

3. The Deputy Superintendent of Police, Valappadi, Salem.

4. The Deputy Superintendent of Police, Attur, Salem.

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5. The Deputy Superintendent of Police, Kallakurichi District, Kallakurichi.

6. The Inspector of Police, Valappadi Police Station, Salem District.

7. The Inspector of Police, Thalaivasal Police Station, Salem District.

8. The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.

9. Tamil Nadu Toll Gate Employees Federation, An unit of - Tamil Nadu General Workers Union Rep by its Union President K.Ravi and General Secretary K.Karal Marks KTK Thangamani Illam, 2/1 Kovoor Vaithiyanathan Street, Chindadaripet, Chennai - 600 002.

10.SU Toll Road Pvt. Ltd. (SUTRPL) KM 21+750, Toll Plaza NH-68, Attur Main Road, Mettupatti Village, Valappadi Taluk, Salem - 636 111.

...Respondents

Writ petition is filed under Section 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st to 8th Respondents to provide adequate police protection for the safety, security and protection to the lives and property of the Petitioner and their Employees, general public, management officials, staffs and other workers form the illegal acts of the members of the 9th Respondent (employees of the earlier Contractor), their henchman, supporters at Mettupatti Toll Plaza, Nathakarai Toll Plaza at Salem District and Veeracholapuram Toll Plaza at Kallakurichi District. 2/8

For petitioner : M/s.Inthu Karunakaran For Respondents 1 to 8 : Mr.A.Damodaran, Additional Public Prosecutor For 9th Respondent : Mr.S.Sathyaraj, for Mr.K.Azhagiri For 10th Respondent : Dr.R.Maheswari

O R D E R

The Writ Petition is filed seeking direction to the Respondents 1 to 8 to provide adequate police protection for the safety, security and protection to the lives and property of the Petitioner and their Employees, general public, management officials, staffs and other workers form the illegal acts of the members of the 9th Respondent (employees of the earlier Contractor), their henchman, supporters at Mettupatti Toll Plaza, Nathakarai Toll Plaza at Salem District and Veeracholapuram Toll Plaza at Kallakurichi District.

2. On 25.08.2021, this Court has passed an interim order, referring the final order passed in the earlier Writ Petition filed by the 10th respondent herein in W.P.No.12009 of 2021, dated 20.05.2021, wherein this Court has observed as follows:

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"4. Under these circumstances, there shall be an order of interim injunction, restraining the 2nd respondent Union, its office bearers, agents, members, successors in interest and other persons acting through them from resorting to any illegal acts including illegal strike, non-collection of toll fare by de functioning the Fastag system, gheraoing, shouting slogans, conducting meetings, indulging in any unlawful act, hoisting flags within 800 mts radius on either side of Salem -Ulundurpet Section of NH-68, viz., Mettupatti (Salem District).

Nathakarai (salem District) and Veeracholapuram (Kallakurichi District) Toll Plaza and from preventing free ingress and egress of the vehicles in toll plaza preventing the other loyal workers, staff, employees, contract workers, men to continue the toll operations of the aforesaid Toll Plaza and pass an order directing the 6th & 7th respondents to give adequate and proper protection so as to enable the petitioner Company to carry on its toll management services without the interference of the 2nd respondent Union and the 6th & 7th Respondents to give adequate and proper protection so as to enable the petitioner company to carry on its toll management service without the interference of the 2nd respondent Union."

3. Following the above order dated 20.05.2021, the interim protection is ordered to be continued. Further, the other Writ Petition relating to this case in W.P.No.16303 of 2021 was filed by the 9th respondent and the same was dismissed on 24.09.2021.

4. Now, it is submitted by both the parties that there is an Industrial Dispute filed pending before the Industrial Tribunal in I.D.No.27 of 2022 to resolve the issue. Since the workers Union has chosen the right legal recourse, the functions of the petitioner is being run peacefully without any hindrance.

5. In view of the above, the interim order already granted by this Court on 25.08.2021 can be ordered to continue. However, if the 9th respondent Union choses to call for any strike, that should be held only 200 meters away from the premises of the petitioner. In the event of any likelihood for untoward incidents, at any future point of time, the petitioner is at liberty to approach the respondents 6 to 8 by making appropriate representation and on the receipt of the same, the Police respondents shall 5/8

conduct enquiry and do the needful in accordance with law.

6. With the above direction, this Writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. 27.10.2022 vum Index:yes/No Speaking order / Non speaking order 6/8