Atlas Corporation, v. The Supertendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2021
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.30647 of 2019 Atlas Corporation, Represented by its Proprietor, At Plot No.27, 28, 29, 41 and 43 TRANSIDCO Rasathalvalasu, Uppupalayam - Vellakoil 638 111 Tiruppur District.
.. Petitioner /versus/ 1.The Superintendent of Police, Sirupooluvapatti, Tiruppur District.
2.The Inspector of Police, Vellakoil Police Station, Tiruppur, Tiruppur District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the 1st respondent to provide adequate police protection to the petitioner based on his representation dated 06.06.2019. For Petitioners :Mr.M.A.Gouthaman For R1 :Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This writ petition has been filed for the issue of Writ of Mandamus directing the first respondent to provide police protection to the petitioner, based on the representation made by the petitioner on 06.06.2019.
2.The case of the petitioner is that he is involved in the business of hazardous waste management and the company is registered with the Tamil Nadu Pollution Control Board. The company has also registered itself with other statutory authorities. The further case of the petitioner is that the company had entered into a memorandum of understanding with
Tamil Nadu Small Scale Industries Development Corporation Limited, which is a Government of Tamil Nadu undertaking and pursuant to the said agreement, the subject properties were sold to the petitioner for the purposes of setting up the industry. 3.The grievance of the petitioner is that when the work was carried out at the site, a group of persons under the leadership of one Dhandapani, barged into the property and prevented the petitioner and his men from carrying on with the work and they were demanding illegal ransom amount from the petitioner. 4.The petitioner therefore given a complaint to the second respondent on 06.06.2019 seeking for police protection. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions. 5.Heard Mr.
MA Gouthaman, learned counsel appearing on behalf of the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor, appearing on behalf of the respondents. 6.Taking into consideration the facts and circumstances of the case and also being satisfied that the petitioner has been given necessary permission and has also been conveyed the property for setting up the industry, there shall be a direction to the first respondent to immediately consider the representation made by the petitioner on 06.06.2019 and provide adequate police protection to ensure that no one interferes with the work carried on by the petitioner in the subject property.
If any one claims any other right, they must go and approach the competent court and agitate their rights in the manner known to law and they cannot be permitted to take law into their own hands. The petitioner is directed to give a fresh representation to the first respondent along with all relevant documents and also a copy of this order. If any charges are payable for the purpose of providing police protection, the petitioner shall also pay the charges.
7.This Writ Petition is disposed of with the above directions.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar rm
To 1.The Superintendent of Police, Sirupooluvapatti,Tiruppur District.
2.The Inspector of Police, Vellakoil Police Station, Tiruppur, Tiruppur District.
3.The Public Prosecutor,High Court of Madras. +2 Ccs to Mr.M.A.Gouthaman, Advocate sr 9719. W.P.No.30647 of 2019 GPL(CO) SP(17/03/2021)