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Madras High CourtWP/38211/2003dismissed

M/S D.G.M.Textiles v. The Inspector Of Police,

2017-05-08Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.38211 of 2003 and WPMP.No.46390 of 2003 M/s.D.G.M.Textiles, Rep. By its Manager, 3-F (1), Babuji Ngar, Site No.6, Angeripalayam Road, Tiruppur 641 692.

Coimbatore District.

...Petitioner

versus 1.The Inspector of Police, Anupparpalayam Police Station, Tirupur, Coimbatore District.

2.R.V.Devan 3.R.S.Shanmugam 4.R.Muthuvairavan 5.M.Amose 6.A.Sakthivel 7.T.Sakthivel 8.P.Ravichandran 9.S.Ramesh 10.S. Kamaraj 11.A.Viswanathan 12.Banian Mattrum Pothu Tholilazhargal Sangam (CITU), Rep.by its secretary M.Chandran, Anupurpalayam, Avinashi Road, Tirupur.

..Respondents PRAYER: This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to consider the petitioner's complaint dated 01.12.2003 and give adequate police protection to the petitioner Unit by effectively preventing the respondents 2 to 12 and their associates so as to enable the petitioner to run the industry with the workers willing to work, for the ingress and egress of material and to remove and transport the finished products, materials, from the petitioner's premises. For Petitioner : Mr.S.Vadivel Murugan For Respondents : Mr.A.Zakkir Hussain, Government Pleader for R1 https://hcservices.ecourts.gov.in/hcservices/

For RR2 to RR12 : No Appearance.

O R D E R

The Writ Petitioner is a Company, who filed this Writ Petition for a direction to consider the petitioner's complaint dated 01.12.2003 and give adequate police protection to the Unit by effectively preventing the respondents 2 to 12 and their associates so as to enable the petitioner to run the industry with the workers willing to work. There was a problem within the factory of the Writ Petitioner during the relevant point of time and a complaint was filed before the Anupparpalayam Police Station, Avinashi Road, Tirupur, Coimbatore District and based on that police complaint, this Writ Petition is filed.

2. The respondents 2 to 12 are private parties and now, after a lapse of thirteen years, such a prayer cannot be granted by this Court, when the factual position prevailing at that point of time was entirely different. Thus, this Court is not inclined to consider the direction as such sought for in this Writ Petition and accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gv/rkp To The Inspector of Police, Annupparpalayam Police Station, Tirupur, Coimbatore District.

+1cc Government Pleader Sr.36945 W.P.38211 of 2003 and WPMP.No.46390 of 2003 VCRII(CO) rvr 17/05/2017 https://hcservices.ecourts.gov.in/hcservices/