Vijayan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Vijayan ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent, Salem District.

2. The Deputy Superintendent of Police, Office of the DSP, Attur Town, Salem District.

3. The Inspector of Police, Thammampatti Police Station, Gangavalli Taluk, Salem District.

4. Senthilkumar

5. Sivaperumal ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus or may other appropriate writ order or direction in the nature of writ, to direct the second and third respondents Police to provide adequate police protection to the petitioner and company in the name and style of Amman Arul Spinners Pvt. Ltd., (Salem Unit) located at Nagiyampatti Post, Gengavalli Taluk, Salem District for the purpose of taking their machineries and belongings. 1/5

For Petitioner : Mr.A.Rajakumar For R1 to R3 : Mr.K.M.D.Muhilan Additional Public Prosecutor For R4 & R5 : Mrs.Ramapriya Gopalakrishnan

O R D E R

This Writ Petition has been filed seeking a direction to the second and third respondents to provide police protection for taking the machineries and belongings from the petitioner's company, Amman Arul Spinners Pvt. Ltd., (Salem Unit) located at Nagiyampatti Post, Gengavalli Taluk, Salem District.

2. Heard both sides and perused the materials available on record.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner, by way of auction, had taken over Amman Arul Spinners Pvt. Ltd., (Salem Unit) located at Nagiyampatti Post, Gengavalli Taluk, Salem District, vide order dated 09.02.2023 passed by the National Company Law Tribunal, Mumbai Bench, Court - III, in I.A.No.1400 of 2022 in C.P.No.4686 of 2019. When the petitioner attempted to take the machineries and other items from the unit, some of the employees gathered 2/5

and creating various problems. Hence the present petition has been filed.

4. Learned counsel appearing for respondents 4 and 5 submitted that neither the fourth and fifth respondents nor any other workers have made any threat against the petitioner and that they have already filed an application before the Labour Commissioner.

5. In view of the above, this Court is of the opinion that as long as there is no threat from anyone, the direction sought for by the petitioner seeking police protection cannot be rendered at this stage.

6. Accordingly, this Writ Petition stands dismissed. No costs. However, if any specific threat made to the petitioner in future, the petitioner is at liberty to lodge a complaint before the respondent Police. 22.08.2025 ham Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/5

To

1. The Superintendent of Police, Office of the Superintendent, Salem District.

2. The Deputy Superintendent of Police, Office of the DSP, Attur Town, Salem District.

3. The Inspector of Police, Thammampatti Police Station, Gangavalli Taluk, Salem District.

4. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

ham 22.08.2025 5/5