Venkatesh Coke And Power Ltd v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Venkatesh Coke and Power Limited Rep by its Shri. Ravi Agarwal, No.6926A/D1, Chandrawal Road, New Delhi - 110 007.

... Petitioner

Versus

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

2.The Deputy Superintendent of Police, Ponneri Division, Thiruvallur District.

3.The Inspector of Police, Minjur Police Station, Thiruvallur District.

4. Shri A.Narayanan.

... Respondents Page No.1 of 6

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd and 3rd respondents herein not to harass by interfering with the day to day activities of the petitioner or his contractor in carrying out the day to day work, agricultural activities in petitioner's property which is covered under Patta Nos. 21, 3717, 3719, 6104, 7439, 430, 1107, 3259, 3584, 3585 of Puzhuthivakkam Village, Nathiyampakkam Village, Atthipattu Village of Ponneri Taluk, Thiruvallur District.

For Petitioners :

M/s.M.Mohamed Riyaz.

For Respondents :

Mr.A.Damodharan, Addl.Public Prosecutor For R1 - R3.

ORDER

The petitioner, apprehending harassment and interference by the respondents 2 and 3 with the agricultural activities in the petitioner's property, which is covered under Patta Nos.21, 3717, 3719, 6104, 7439, 430, 1107, 3259, 3584, 3585 of Puzhuthivakkam Village, Nanthiyampakkam Village, Atthipattu village of Ponneri taluk, Thiruvallur district, has filed this petition. Page No.2 of 6

2. The contention of the petitioner is that there is some dispute between the petitioner and the 4th respondent, for which, civil suits are pending. The petitioner company, through IFFCO Kisan Sanchar Limited, a public sector undertaking, had involved into a organic farming activities by growing lemon grass and other aromatic and medicinal crops for export market. It is a novel idea and doing agricultural in a large scale. As on date, the 4th respondent has not obtained any civil Court order in favour of him. The respondent police are interfering with the civil dispute though there is no prohibition for the petitioner to carry on his agricultural activities. Hence, the present petition.

3. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that on the complainant of the 4th respondent, C.S.R.No.685 of 2021 assigned. Both the petitioner and the 4th respondent were called for enquiry and on 12.08.2021, both of them agreed that they will seek remedy before the Civil forum. Page No.3 of 6

4. Taking into consideration the nature of the dispute involved in this case is civil in nature, it is for the parties to adjudicate the same before the appropriate Civil Court and the police will have no role to play in a case of this nature. Therefore, the police is not entitled to interfere with the civil dispute.

5. Hence, This Criminal Original Petiiton is disposed of with a direction to the respondent police not to interfere with the civil disputes pending between the parties.

16.09.2021 Index: Yes/No Internet: Yes/No mrp To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

Page No.4 of 6

2.The Deputy Superintendent of Police, Ponneri Division, Thiruvallur District.

3.The Inspector of Police, Minjur Police Station, Thiruvallur District.

Page No.5 of 6

M.NIRMAL KUMAR, J.

mrp 16.09.2021 Page No.6 of 6