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Madras High CourtWP/29930/2017disposed of

H & R Johnson (India) v. The Station House Officer

2019-03-15Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.29930 of 2017 and W.M.P.No.32437 of 2017 H&R Johnson (India) A Division of Prism Cement Limited Rep by its Manager -HR & Admn.

143, Thennakudi Village Thirunllar Commue and Panchayat Karaikal District Musiff.

... Petitioner Vs.

1.The Station House Officer Thirunallar Police Station Thirunallar, Karaikal District.

2.H&R Johnson Pattali Uzhiyargal Nala Sangam (Reg.No.1760/RTU/2004), Rep by its Secretary 27, Main Road, Thirunallar Village & Commune Panchayat Karaikal District Munsif.

3.H&R Johnson Pattali Thozhilalar Sangam (Reg.No.1354/RTU/2004), Rep by its Secretary 27, North Street, Mupaithankudy Thirunalla Village & Commune Panchayat Karaikal District Munsif.

4.K.Devamani S/o. Kaliyamoorthy @ Kaliyaperumal 164, Ambagarathur Main Road Thirunallar Village & Commune Panchayat Karaikal District Munsif.

...Respondents

PRAYER:Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to provide adequate police protection to the petitioner to carry on its business activities in a peaceful manner by restraining the respondents 2 and 4, their members, agents, representatives or any other person acting at their behest including workmen of the erstwhile contractors from in any way preventing the permanent workmen, loyal staff and officers, managers, directors, contract workmen, advisors, visitor, of the petitioner by in any way interfering with the day-to-day production and maintenance activities of the petitioner factory and also preventing the movement of finished of the petitioner by staging any from of protects by hoisting flags, by ghearoing,

conducting any illegal strikes including sit in strike inside the factory premises and assembling illegally in any form, within 300 meters in and around the petitioner's factory premises viz., H& R Johnson (India) A Division of Prism Cement Limited, rep by its Manager - HR & Admn. 143, Thennankudi Village, Thirunallar Commune and Panchayat, Karaikal District Munsif For Petitioner : Mr.V.Karthic, Senior Counsel For M/s. Sai Raaj Associates For Respondents: Mr.M.Mohamed Riyaz [For R1] Additional Public Prosecutor No appearance [For R2 to R4]

O R D E R

The writ petition has been filed to provide adequate police protection to the petitioner to carry on its business activities in a peaceful manner by restraining the respondents 2 and 4, their members, agents, representatives or any other person 2.

The petitioner has filed this petition seeking police protection. Now, almost two years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner in this petition cannot be considered now. However, the petitioner is at liberty to file a fresh petition on fresh cause of action, if so advised.

3.

With the above observation, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Station House Officer Thirunallar Police Station Thirunallar, Karaikal District.

2.The Secretary, H&R Johnson Pattali Uzhiyargal Nala Sangam 27, Main Road, Thirunallar Village & Commune Panchayat Karaikal District Munsif.

3.The Secretary, H&R Johnson Pattali Thozhilalar Sangam 27, North Street, Mupaithankudy Thirunalla Village & Commune Panchayat Karaikal District Munsif.

4. The Additional Public Prosecutor, High Court of Madras +1 CC to M/S. SAI RAJ ASSOCIATES SR.NO.25360 +1 CC to the Public Prosecutor for Pondicherry SR.NO.26011 W.P.No.29930 of 2017 CO (LN) VC (08/06/2019)