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Madras High CourtWP/26722/2022disposed of

M/S.Nnk Marine Exports Private Limited v. The Superintendent Of Police

2022-10-10Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM M/s.NNK Marine Exports Private Limited, Represented by its Director, Mr.Mohana Krishnan, Son of Loganadhan, No.12/29, Ground floor, VP Colony, North Street, Ayanavaram, Chennai -23.

... Petitioner Vs.

1. The Superintendent of Police, Tiruvallur District, Thiruvallur.

2. The Inspector of Police, Arambakkam Police Station, Tiruvallur District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to provide police protection to construct the building for the company situated at S.No.134/1A2 at Poovalai Village, Gummidipoondi Taluk, Tiruvallur District by considering the petitioner's representation dated 28.06.2022. 1/6

For Petitioner : Mr.M.Guruprasad for Mr.M.D.Ilayaraja For Respondents : Mr.S.Santhosh Government Advocate(Crl.side)

O R D E R

This Writ Petition has been filed to direct the respondents 1 and 2 herein to provide police protection to construct the building for the company situated at S.No.134/1A2 at Poovalai Village, Gummidipoondi Taluk, Tiruvallur District by considering the petitioner's representation dated 28.06.2022.

2. The learned counsel for the petitioner would submit that the petitioner company was established in the year 2016 involving export and imports of shrimps. Further, the company has purchased a land under registered sale deed measuring about 14.60 acres in S.No.134/1A2, 134/1A3 and 134/1A4 at Poovalai Village, Gummidipoondi Taluk, Tiruvallur District. He would further submit that the company had initiated the construction process after getting approval from all the concerned departments. While being so, the people of the said locality along with the abettors had threatened and caused hindrance to the workers. Therefore, the 2/6

petitioner company lodged a complaint before the respondent police. He would also submit that on 09.11.2021, the Tahsildar conducted a peace meeting and submitted report to the Collector stating that there is no pollution occurred through the company project. The company filed a suit for permanent injunction in O.S.No.242 of 2021 before the learned Principle Subordinate Court, Ponneri and also filed an application under Order 39 Rule 1 of CPC in I.A.No.02 of 2021 and obtained interim injunction by order dated 24.03.2022. It is his contention that after obtaining interim injunction, the company started the construction work, however, the abettors causing hindrance to the petitioner company. Hence, he seeks direction to provide police protection to construct the processing unit.

3. The learned Government Advocate (Crl.side) for the respondents would submit that based on the complaint given by the petitioner company, enquiry has been conducted in CSR.No.222 of 2022 and the same was closed on 20.04.2022. He would further submit that the petitioner's representation dated 28.06.2022 has been referred to RDO enquiry and the same is pending.

4. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.side) and perused the materials available on records. 3/6

5. On perusal of the records, it reveals that the petitioner had filed a suit in OS.No.242 of 2021 before the learned Principle Subordinate Court, Ponneri and also filed an application IA.No.02 of 2021 in O.S.No.242 of 2021 and obtained interim injunction order against the persons preventing the construction work. The petitioner company has also given a representation to the 1st respondent police seeking police protection. Hence, the 1st respondent police is directed to forward the representation dated 28.06.2022 of the petitioner company to the 2nd respondent/ the Inspector of Police. On receipt of the same, the 2nd respondent/the Inspector of Police is directed to consider the representation dated 28.06.2022 and pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of copy of this order.

6. With the above directions, this Writ Petition is disposed of. No cost. 10.10.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order nr 4/6

To

1. The Superintendent of Police, Tiruvallur District, Thiruvallur.

2. The Inspector of Police, Arambakkam Police Station, Tiruvallur District.

3.The Public Prosecutor High Court, Madras.

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V.SIVAGNANAM,J.

nr 10.10.2022 6/6