G.James v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:04.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.2289 of 2016 and W.M.P.Nos.1993, 4424 and 4425 of 2016 G.James ..Petitioner vs.

1.

The Inspector of Police H-6, R.K.Nagar Police Station Chennai 600 021.

2.

Mohanraj .. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the first respondent police to provide the petitioner with necessary police protection to ensure that the petitioner's fundamental right to carry on his cable television operator services business is not curbed by the second respondent, his servants, men, agents, his henchmen or through his nominated persons in any manner whatsoever.

For Petitioner Mr.N.Vijaya Baskar For Respondents: Mr.R.Ravichandran Additional Government Pleader for R1 R2- No appearance

ORDER

Heard the learned counsels appearing on behalf of the petitioner, as well as the first respondent.

2. This writ petition has been filed praying that this Court may be pleased to issue a WRIT OF MANDAMUS, directing the first respondent police, to provide the petitioner with necessary police protection, as prayed for by the petitioner, in this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

3. It has been stated that the petitioner is a Local Cable Television Operator, engaged in the business of distribution of television channels in the areas notified by the Central Government, under Section 4A(1) of the Cable Television Networks (Regulation) Act, 1995. The main allegation of the petitioner is that the second respondent, who is also a Local Cable Television Operator, is interfering with the business of the petitioner, and therefore, the petitioner has filed the present writ petition, seeking police protection.

4. From the contentions raised by the learned counsel appearing on behalf of the petitioner, it is clear that various criminal complaints are pending against the petitioner, as well as the second respondent, with regard to their interference in the Cable Television Operating business. In such circumstances, this Court is not inclined to grant the relief, as prayed for, in the present writ petition. Hence, the writ petition stands dismissed. However, it is made clear that it would open to the petitioner to seek his remedies, if any, before the appropriate forum or authority, with regard to his claims. No costs. Consequently, the connected miscellaneous petitions are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To The Inspector of Police H-6, R.K.Nagar Police Station Chennai 600 021.

+1 cc to Mr.Richardson wilson Advocate sr.37916 +1 cc to Mr.N.Vijaya Baskar Advocate sr.37614 +1 cc to Government Pleader sr.37658 W.P.No.2289 of 2016 and W.M.P.Nos.1993, 4424 and 4425 of 2016 aa21/07/2016 https://hcservices.ecourts.gov.in/hcservices/