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Madras High CourtWP/18560/2021closed

M/S.Sun-X Concrete India Pvt.Ltd., v. The State Of Tamil Nadu

2022-09-30Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2022

CORAM:

THE HONOURABLE MS JUSTICE R.N.MANJULA W.P.No.18560 of 2021 and W.M.P.Nos.19804 and 26487 of 2021 M/s.Sun-X Concrete India Pvt. Ltd., Rep. By its Authorized Signatory, Mr.Ashwin, Having office at Ramaniyam Ocean Isha, No.11, Old Mahabalipuram Road, Okkiyam, Thoraipakkam, Chennai - 600 096.

...Petitioner

Vs.

1. The State of Tamilnadu, Rep. by the Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The State of Tamilnadu, E8, Kelambakkam Police Station, Old Mahabalipuram Road, Kittu Nagar, Kelambakkam, Kancheepuram - 603 103.

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3. The State of Tamilnadu, Koyambedu Police Station, Tiruvalluvar Street, Virugambakkam,

4. The State of Tamilnadu, M3 Puzhal Police Station, National Highway 5, Puzhal,

5. The State of Tamilnadu, C5 Police Station, Oragadam Industrial Corridor, Vaipoor, Chennai.

6. The State of Tamiladu, T12 Police Station, Trunk Road, Poonammallee,

7. CITU Union, Rep. by its Secretary, Nallasivam Ninaivagam, No.13, Mosque Street, Chepauk, Chennai - 600 005.

8. Chennai Perunagar Motor Vaagana Thozhilalar Sangam, Rep. by its Secretary, No.52, Cooks Sali, Ottery, Chennai - 600 012.

...Respondents

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Writ petition is filed under Section 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents 1 - 6 to provide Police Protection to the premises of the Petitioner to run its business/plant peacefully with its staff and workers thereby and prevent the 7th and 8th Respondent Union, their members, office bearers, agents and outside supporters from assembling within the radius of 200 metres of the premises of the petitioner from preventing free ingress and egress of men, materials and vehicles.

For petitioner : Ms.Revathi Manivannan For Respondents 1 to 6 : Mr.A.Damodaran, Additional Public Prosecutor For Respondents 7 & 8 : No representation

O R D E R

This Writ Petition has been preferred to direct the Respondents 1 - 6 to provide Police Protection to the premises of the Petitioner to run its business/plant peacefully with its staff and workers thereby prevent the 7th and 8th Respondent Union, their members, office bearers, agents and outside supporters from assembling within the radius of 200 metres of the premises of the petitioner from preventing free ingress and egress of men, materials and vehicles.

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2. The brief facts of the case are as follows: The petitioner is the company incorporated under the provisions of the Companies Act, 2013 and it carries business of manufacturing and supplying Ready Mix Concrete, Aggregate Cement and Allied Materials. The contract workers are being engaged to carryout the transport of Ready Mix Concrete. On 25.08.2021, the contractual labourers joined together and held an illegal strike and caused disturbance. In view of that, the petitioner had sent a representation seeking Police Protection before the respondent Police. Since the representation has not been considered, the petitioner has approached this Court by filing this Writ Petition seeking the aforesaid prayer.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the Respondents 1 to 6 on instruction, would submit that as of now, the petitioner company is running smoothly and there is no commotion or any other disturbance. Hence, the petition may be closed as unnecessary.

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4. In view of the above, this petition does not deserve further consideration. Hence, recording the submission made the learned Additional Public Prosecutor, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. No costs. 30.09.2022 vum Index:yes/No Speaking order / Non speaking order To

1. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, E8, Kelambakkam Police Station, Old Mahabalipuram Road, Kittu Nagar, Kelambakkam, Kancheepuram - 603 103.

3. The Inspector of Police, Koyambedu Police Station, Tiruvalluvar Street, Virugambakkam,

4. The Inspector of Police, M3 Puzhal Police Station, National Highway 5, Puzhal, 5/6

R.N.MANJULA,J.

vum

5. The State of Tamilnadu, C5 Police Station, Oragadam Industrial Corridor, Vaipoor, Chennai.

6. The Inspector of Police, T12 Police Station, Trunk Road, Poonammallee, W.P.No.18560 of 2021 and W.M.P.Nos.19804 and 26487 of 2021 30.09.2022 6/6