← Library
Madras High CourtCRL OP/20363/2020disposed of

Pine Flat Owners Welfare Association v. The Joint Commissioner Of Police

2021-01-05Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20363 of 2020 Pine Flat Owners Welfare Association, represented by its Secretary Mr.N.M.Sanjay Kumar, Pine Block, Orchid Springs, Water Canal Road, Korattur, Chennai 600 076.

... Petitioner .Vs.

1. The Joint Commissioner of Police, L & O, West Zone, Greater Chennai Police, Chennai 600 058.

2. The Assistant Commissioner of Police, CTH Road, Ambattur, Chennai 600 053.

3. The Inspector of Police, T3 Korattur Police Station, Korattur, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to provide adequate police protection to the petitioner, its security staff, janitor personnel, etc. in maintaining security and to provide other amenities including garbage clearance relating to Pine Block (5th block) at Alliance Orchid Springs, No.54, Water Canal Road, Korattur, Chennai 600 076 without any obstruction or interference in any manner.

For Petitioner : Mr.N.L.Rajah, Senior Counsel for Mr.R.Amizhdhu For R1 to R3 : Mr.M. Mohamed Riyaz Addl. Public Prosecutor

O R D E R

This petition has been filed for a direction to the respondents to provide police protection to the personnel belonging to the petitioner Flat Association, based on the complaint given by the petitioner on 30.11.2020 and 2.12.2020.

2. Heard Mr.N.L.Rajah, learned Senior Counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Addl. Public Prosecutor appearing on behalf of the respondents.

3. It is seen from records that the petitioner Association had already approached this Court by filing W.P.No.15496 of 2020 challenging the order passed by the District Registrar and this Court, while entertaining the writ Petition, passed an interim order on 4.11.2020 safeguarding the rights of the petitioner Association with regard to maintenance of common areas and amenities for the Flats falling within the said Association. The grievance expressed by the petitioner Association is that the builder and others are creating a huge law and order problem and are preventing the Association from carrying on with their daily activities and a complaint was also given to the respondents to provide for police protection. Since the same was not acted upon, the present petition has been filed seeking for police protection.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the 3rd respondent to call the parties for an enquiry and instruct the parties not to create any law and order problem and if at all there is any grievance, to work out the same before the competent Court, in the manner known to law. This enquiry shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. This Criminal Original Petition is disposed with the above direction.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Joint Commissioner of Police, L & O, West Zone, Greater Chennai Police, Chennai 600 058.

2. The Assistant Commissioner of Police, CTH Road, Ambattur, Chennai 600 053.

3. The Inspector of Police, T3 Korattur Police Station, Korattur, Chennai.

4. The Public Prosecutor, High Court of Madras, Chennai.

+2cc to Mr.R.Amizhdu, Advocate, S.R.No.272 Crl.O.P.No.20363 of 2020 rr ii (27/01/2021)