The Management v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.NO.20834 OF 2021 AND W.M.P.NO.22105 OF 2021 The Management, Hatsun Agro Product Ltd., rep. by its P.Sivasakthivel - Authorised Signatory/Assistant Manager - Legal, SF No.451-1A, Sengam Pasuvanthalave Village, Veppalahalli Post, Marandahalli Main Road, Palacode Tk., Dharmapuri Dt.

... Petitioner

Versus

1. The Inspector of Police, Marandahalli Police Station, Marandahalli, Palacode Tk., Dharmapuri Dt.-636 806.

2. Karthik Kumar, S/o. Selvaraj

3. Gnanavel, S/o. Nagaraj

4. Mariappan, S/o. Madhayan

5. Palanisamy, S/o. Subramani

6. Muthuraj, S/o. Munusamy

7. Selva Kumar, S/o. Amirthalingam

8. Sudhakar, S/o. Rajamani

9. Anguraj, S/o. Srinivasan

10. Sugadev, S/o. Chinnevan S

11. Jothi Prakash, S/o. Muthukrishnan M ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the 1st respondent to provide adequate police protection to the petitioner to enable its employees, staff, officers and other managerial personnel, customers and suppliers to enter and exit the factory premises including ingress and egress of men and materials, vehicles and finished products and ensure that the respondents 2 to 11 and other striking workmen are 500 meters away from the petitioner's factory situated at SF No.451-1A, Sengam Pasuvanthalave Village, Veppelahalli Post, Marandahalli Main Road, Palacode Tk., Dharmapuri Dt. - 636 805. For Petitioner : Mr.S.Ravindran for Mr.S.Bazeerahamed For Respondents : Mr.A.Damodaran, Additional Public Prosecutor for R1

ORDER

(This case has been heard through video conference) This Writ Petition has been filed seeking police protection to enable its employees, staff, officers and other managerial personnel, customers and suppliers to enter and exit the factory premises including ingress and egress of men and materials, vehicles from the factory.

2. The contention of the petitioner is that the respondents 2 to 11 and other striking workmen are threatening to obstruct free movement and protection of the factory. Further, the petitioner's factory is involved in production and

processing of perishable essential commodity milk and its products, if there is any obstruction or strike, the entire products would get spoiled and huge loss would be caused.

3. The learned Additional Public Prosecutor appearing for 1st respondent would submit that the Sub-Inspector of Police, Marandahalli Police Station is present. On instructions, he would submit that the protest is being held 200 meters away from the factory premises and the protest is peacefully held and there is no blockage of ingress and egress of men, and materials to the factory. Further, the police already provided adequate protection for free ingress and egress of vehicles, necessary police personnel were posted.

4. Heard rival submissions of learned counsel appearing for petitioner and 1st respondent and perused the records.

5. Considering the submissions and on perusal of materials, this Court finds that already the 1st respondent taken all precautionary measures and provided adequate protection and there is no blockage of ingress and egress to the petitioner's factory as on date. If such a situation arise, this Court directs the 1st respondent police to give police protection to the petitioner's factory and to provide adequate for ingress and egress of vehicles and movement of people from in and out of the factory premises and further to remove the trespassing workmen by ensuring that no striking workers assemble illegally in any form within the radius of 200 meters from petitioner's factory and to ensure the same.

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

No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar rpp/nr To

1. The Inspector of Police, Marandahalli Police Station, Marandahalli, Palacode Tk., Dharmapuri Dt.-636 806.

2. The Public Prosecutor, High Court, Madras.

W.P.No.20834 of 2021 SJ(CO) RLP(29/09/2021)