Tamil Nadu Nutritious Meal Employees Association , v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2022
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.31925 of 2022 Tamil Nadu Nutritious Meal Employees Association, Registration No.53/1989 Represented by its General Secretary A.Noorjahan ...
Petitioner /vs/
1. The Commissioner of Police, Greater Chennai Police, 132, EVK Sampath Salai, Vepery, Chennai - 600 007.
2. The Inspector of Police, Teynampet Police Station, Teynampet, Chennai.
3. A.Malarvizhi
4. R.Kala ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the first and second respondents to provide adequate police protection to the petitioner and other legally
elected present state committee office bearers to enter into the office building of the Tamil Nadu Nutritious Meal Employees Association situated at No.7, Ilango Street, Teynampet, Chennai - 600 018 and to perform their democratic duties for smooth functioning of petitioner's association, administered by the legally elected present state committee headed by the petitioner.
For Petitioner ... Mr. J.Pooventhera Rajan For Respondents 1&2 ... Mr. S.Santhosh Govt. Advocate (Crl.Side)
ORDER
This Writ Petition has been filed seeking a writ of mandamus to direct the first and second respondents to provide adequate police protection to the petitioner and other legally elected present state committee office bearers to enter into the office building of the Tamil Nadu Nutritious Meal Employees Association situated at No.7, Ilango Street, Teynampet, Chennai - 600 018 and to perform their democratic duties for smooth functioning of petitioner's association, administered by the legally elected present state committee headed by the petitioner.
2. The learned counsel for the petitioner submitted that Tamil Nadu Nutritious Meal Employees Association was formed in the year 1982 for the welfare and the service protection of Nutritious Meal Employees working under the Government of Tamil Nadu; an election was conducted to select the office bearers of said association and in which the petitioner was re-elected as General Secretary along with the office bearers; in view of the same, the third respondent lost in the election and developed enmity with the present office bearers and started giving troubles to the employees; since the respondents 3 and 4 did not allow the present office bearers to enter into the association building and perform association activities, the petitioner had given a representation dated 02.11.2022 to the second respondent to provide adequate police protection to the office bearers to enter into the association building. Since no steps have been taken so far, the present petition has been filed to give police protection.
3. The learned Government Advocate (Crl. Side) submitted that on the representation given by the petitioner on 02.11.2022, current paper enquiry has been initiated and it has been closed by directing the petitioner to approach the Registrar of the said Association.
4. Unless the petitioner and the opposite party resolves their dispute with regard their respective entitlements, the police cannot be allowed to interfere in their dispute and complicate the situation in the name of giving police protection. However, the petitioner is at liberty either to approach the Registrar of their Association or to file a Civil Suit on the alleged cause of action.
5. With the above observation, this Writ Petition is disposed. 29.11.2022 bkn
To:
1. The Commissioner of Police, Commissioner Office, Line Medu, Salem City.
2. The Assistant Commissioner of Police, Suramangalam, Salem.
3. The Inspector of Police, Pallapattu Police Station, Salem.
4.The Public Prosecutor, High Court, Madras.
R.N.MANJULA ,J.
bkn 29.11.2022