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Madras High CourtWP/34924/2019disposed of

Tmt.Mullaimalar, v. The Commissioner,

2021-09-03Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.34924 of 2019 AND W.M.P.Nos.35708 of 2019 and 453 of 2020 Tmt.MullaiMalar

...Petitioner

Vs.

1.The Commissioner, Rippon Building, Chennai 2.The Executive Engineer (Parks and Play Field Department) Greater Chennai Corporation Rippon Building, Chennai 3.The Commissioner of Police No.132, EVK Sampath Road, Veppery, Chennai 4.The Inspector of Police R2, Kodambakkam Police Station, Arcot Road, Kamarajar Colony, Dr.Subbaraya Nagar, Kodambakkam Chennai - 600 024 5.The Inspector of Police J2 Adyar Police station No.56, Lattice Bride Road, Adyar, Chennai - 600 020 6.The Inspector of Police K 3, Shenoy Nagar Police Station, 3rd Avenue, Anna Arch Road, N.S.K Nagar, Arumbakkam, Shenoy Nagar, Chennai - 600 106 7.The Inspector of Police F 3, Nungambakkam Police Station, Valluvar Kottam High Road, Poonangipuram, Nungampakkam Chennai - 600 006

8.The Inspector of Police J 9, Thuraipalkam Police Station Rajiv Gandhi Salai, Pillayar Koil Street, Thuraipakkam Jothi Nagar, Oggiyamduraipakkam Chennai - 600 007 9.The Inspector Of Police R 9, Valasarawalkam Police Station Choudry Nagar Main Rd, Choudry Nagar, Valasaravakkam, Chennai 600 087 10.The Zonal Officer Zone - 10 Door No.11/25, Dr. Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai - 24 11.The Zonal Officer Zone - 13 No. 31, Thiruvengadam Street, Kasturba Nagar, Adyar.

Chennai - 600 020 12.The Zonal Officer Zone 8 36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

13.The Zonal Officer Zone -9 8, Lake Area, Nungambakkam, Chennai, 600 034 14.The Zonal Officer Zone -14 6/64, Puzhuthivakkam Main Road, Perungudi, Chennai 600 091 15.The Zonal Officer Zone - 11 33, Arcot Rd, Zone XI, Valasaravakkam, Chennai, 600 087.

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 to 9 to offer police protection to the petitioner in implementing the Contract awarded by the 2nd respondent, i.dated 25.2.2019 A.Thu.Na.Ka.No.B2/1044-3/2018 ii.dated 25.2.2019 A.Thu.Na.Ka.No.B2/1044-4/2018 iii.dated 28.8.2019 A.Thu.Na.Ka.No.B2/1044-1/2018 iv.dated 28.8.2019 A.Thu.Na.Ka.No.B2/1044-2/2018 so as to enable the petitioner to develop the sports activity, including the areas covered under the jurisdiction of Respondents Nos.10 to 15.

For Petitioner :

M/s.AR.M.Arunachalam For Respondents :

Mr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 3 to 9 to offer police protection to the petitioner in implementing the Contract awarded by the 2nd respondent, i.dated 25.2.2019 A.Thu.Na.Ka.No.B2/1044-3/2018; ii.dated 25.2.2019 A.Thu.Na.Ka. No.B2/1044-4/2018; iii.dated 28.8.2019 A.Thu.Na.Ka.No.B2/1044-1/ 2018; iv.dated 28.8.2019 A.Thu.Na.Ka.No.B2/1044-2/2018, so as to enable the petitioner to develop the sports activity, including the areas covered under the jurisdiction of Respondent Nos.10 to 15.

2.The case of the petitioner is that the petitioner is an experienced trainer in the aquatic sports and other such ball games activities for over a period of 25 years and she is able to administer as well as having work force in and around the city. The first respondent floated tender in February 2019 in respect of providing technical support with Men and Materials including operation, safety, collection and sharing of the Maintenance over the Ball Badminton Courts, Skating Courts and Tennis Courts situated at various places on the Chennai city including the areas under control and jurisdiction of the respondents 10 to 15 viz., Zone Nos.8, 9, 10, 11, 13 and 14 at Chennai City and subsequent to the tender, the petitioner was awarded 4 contracts together with an undertaking for the annual increase of 5%.

The period of contract is for 5 years. 3.It is the further case of the petitioner that thereafter she started the activities of improving the areas and making it fit for games. Nearly 60 Courts / areas out of 73 earmarked for promotion of the games gave full support whileso, in 13 other courts, the anti social elements want a share in contract and one of them filed W.P.No.

Court seeking to declare the entrustment of the playfields to the petitioner as illegal and the same was dismissed on 11.06.2019. Even thereafter, some of the rowdy elements continuously threaten the petitioner. Hence, the petitioner made representation dated 19.11.2019 to the respondents and since there is no action, has filed this writ petition. 4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents 3 to 6 to pass appropriate orders on the representation of the petitioner, within a reasonable time frame.

5.The learned Government Advocate (Crl. Side) submitted that the representation of the petitioner will be considered, however, for ready reference, this Court may issue direction to the petitioner to send a copy of the representation along with a copy of this order to the respondents.

6.In view of the above, this Court directs the petitioner to send a copy of the representation along with a copy of this order to the respondents, so as to enable the respondents 3 to 6 to pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the respondents shall consider the same and pass appropriate orders, within a period of six weeks thereafter. 7.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar sma/pri To 1.The Commissioner, Rippon Building, Chennai 2.The Executive Engineer (Parks and Play Field Department) Greater Chennai Corporation Rippon Building, Chennai

3.The Commissioner of Police No.132, EVK Sampath Road, Veppery, Chennai 4.The Inspector of Police R2, Kodambakkam Police Station, Arcot Road, Kamarajar Colony, Dr.Subbaraya Nagar, Kodambakkam Chennai - 600 024 5.The Inspector of Police J2 Adyar Police station No.56, Lattice Bride Road, Adyar, Chennai - 600 020 6.The Inspector of Police K 3, Shenoy Nagar Police Station, 3rd Avenue, Anna Arch Road, N.S.K Nagar, Arumbakkam, Shenoy Nagar, Chennai - 600 106 7.The Inspector of Police F 3, Nungambakkam Police Station, Valluvar Kottam High Road, Poonangipuram, Nungampakkam Chennai - 600 006 8.The Inspector of Police J 9, Thuraipalkam Police Station Rajiv Gandhi Salai, Pillayar Koil Street, Thuraipakkam Jothi Nagar, Oggiyamduraipakkam Chennai - 600 007 9.The Inspector Of Police R 9, Valasarawalkam Police Station Choudry Nagar Main Rd, Choudry Nagar, Valasaravakkam, Chennai 600 087 10.The Zonal Officer Zone - 10 Door No.11/25, Dr. Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai - 24

11.The Zonal Officer Zone - 13 No. 31, Thiruvengadam Street, Kasturba Nagar, Adyar.

Chennai - 600 020 12.The Zonal Officer Zone 8 36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

13.The Zonal Officer Zone -9 8, Lake Area, Nungambakkam, Chennai, 600 034 14.The Zonal Officer Zone -14 6/64, Puzhuthivakkam Main Road, Perungudi, Chennai 600 091 15.The Zonal Officer Zone - 11 33, Arcot Rd, Zone XI, Valasaravakkam, Chennai, 600 087 +1cc to Mr.A.R.M.Arunachalam, Advocate SR.No.44536 W.P.No.34924 of 2019 And W.M.P.Nos.35708 of 2019 and 453 of 2020 PCK(CO) RVM(06/10/2021)