Jeppiaar Engineering College v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27370 of 2017 and W.M.P.No.29268 of 2017 Jeppiaar Engineering College, Rep. by its Principal, Dr.Venu Gopala Krishnan.J, Jeppiaar Nagar, Rajiv Gandhi Salai, Chennai - 600 119
...Petitioner
-Vs1.The Inspector of Police, J-10 Chemmancherry Police Station, 35, Old Mahabalipuram Road, Sholinganallur, Chennai 600 119 2.Baghavan 3.Deenadayalan 4.Devaenthran 5.Dhanansezhiyan 6.Dhanasekaran 7.Ebinesan 8.Eswaran 9.Joon 10.Kannan 11.Kannivelu 12.Murali 13.Muthu Kumaran 14.Nataraj 15.Paul Raj 16.Perumal 17.Pichamuthu 18.Pintojoshi 19.Rajendran 20.Raji 21.Ramesh 22.Ravi 23.Ravichandran 24.Sagaya John 25.Saravanan 26.Saravanan 27.Sathish 28.Sekar 29.Selvam 30.Senthil Kumar 31.Settu 32.Shanmugam 33.Sudhakar
34.Suresh 35.Suresh 36.Vadivel 37.Velayutham 38.Vembuli 39.Venkatesan 40.Zameer Hussain 41.Pachaiappan 42.Mohamed Illyas 43.Shabir Hussain 44.Ramesh 45.Nagaraj 46.Praveen Kumar ... Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to provide police protection by preventing the entry of the respondent Nos.2 to 46 into the petitioner's premises or cause any hindrance to the transportation of the students.
For Petitioner : Mr.A.R.L.Sundaresan, Senior Counsel for Mr.Hari Radhakrishnan For Respondents : Mr.C.Raghavan, Government Advocate(Crl side) for R1 : Mr.S.Partha Sarathi for R2 to R38, R40 to R46 : No Appearance for R39
ORDER
The writ petition has been filed seeking direction to the first respondent to provide police protection by preventing the entry of the respondent Nos.2 to 46 into the petitioner's premises or cause any hindrance to the transportation of the students.
2.
Heard the learned counsel appearing the petitioner, the learned Government Advocate appearing for the first respondent and the learned counsel appearing for respondents 2 to 38 and 40 to 46.
3.
It is seen that the petitioner is a registered Educational Trust and is providing transportation facilities to their students. For this purpose they employed nearly 76 drivers, mechanics and others. As the college sustained losses,
it was decided to enter into an arrangement with M/s.Parveen Travels for the same facility. In this regard settlement compensation was given by the petitioner to those persons. However, 48 persons suffered the students and prevented them from using the transport facility of their own choice. In this regard, a complaint was submitted to the first respondent on 22.09.2017 for police protection, however they did not choose to take action against the 48 persons. In the mean time, there was a conciliation process between the management and the 48 persons. While pending the conciliation proceedings, they were trying to indulge in coercive activities, thereby disturbing the transportation.
4.
Considering the above facts and circumstances, this Court by an order dated 25.10.2017, directed the first respondent to provide adequate protection in order to ensure safe transportation of the students from in and out of the college and to prevent any obstruction from the respondents 2 to
46. The interim order is still in force. Now the learned counsel appearing for the both parties submitted that the conciliation proceedings are over between the petitioner's management and the respondents 2 to 46 and now the petitionerinstitution is running smoothly without any disturbance whatsoever by the respondents 2 to 46.
5.
Recording the same, the writ petition is closed. If the respondents 2 to 46 indulges in any coercive activities disturbing the smooth functioning of the petitioner-institution, it is needless to say that the petitioner is at liberty to seek necessary protection from the concerned jurisdiction police officers and on receipt of such request, the concerned jurisdiction police shall consider the same and pass orders in merits and accordance with law. Consequently, connected miscellaneous petition is also closed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar lok
To 1.The Inspector of Police, J-10 Chemmancherry Police Station, 35, Old Mahabalipuram Road, Sholinganallur, Chennai 600 119
2. The Government Advocate(Crl.side) High Court, Madras.
+1cc to Mr.Hari Radhakrishnan, Advocate sr.36767 W.P.No.27370 of 2017 svi(co) nr 28/06/2019