M.Jeyanth Kumar v. The Senior Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28360 of 2018 Jeyanth Kumar

...Petitioner

-Vs1.The Senior Superintendent of Police, Puducherry, Puducherry.

2.The Superintendent of Police, Puducherry (east), Puducherry.

3.The Inspector of Police, Chinnakalapet Police Station, Puducherry.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to give police protection to the petitioner and the business carrying at No.28, ECR Road, Chinnakalapet, Puducherry.

For Petitioner : Mr.R.Rajarajan For Respondents: Mr.Balamurugan, Addl. Public Prosecutor,(Puducherry)

ORDER

This criminal original petition has been filed seeking for police protection to the petitioner and to carry on his business.

2. The learned counsel for the petitioner would submit that the petitioner was granted licence by the concerned authority to carry on with the wholesale and retail sale of liquor. Earlier the petitioner was carrying on with the business at Kangachettykulam, Puducherry.

Thereafter, the petitioner applied for shifting the business to Chinnakalapet, Puducherry. The concerned authority, viz., the Deputy Commissioner (Excise) had also granted permission for shifting of the business to Chinnakalapet, by proceedings, dated 22.11.2018. The petitioner had also paid a sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) towards shifting charges.

3. The learned counsel for the petitioner would submit that there are some competitors in the said area and they are engaging certain hencemen and are preventing the petitioner from conducting the business and they are also causing threat to the life and limb of the petitioner. Therefore, the petitioner gave a complaint to the respondent Police on 26.11.2018 and 28.11.2018, seeking for police protection. Since no action has been taken on the representations, this petition has been filed seeking for appropriate directions.

4. Mr.Bharatha Chakravarthy, the learned Public Prosecutor (Puducherry) appearing for the respondents would submit that the third respondent will call the parties and conduct an enquiry based on the representation made by the petitioner and shall take appropriate action in accordance with law.

5. This Criminal Original Petition is disposed of with a direction to the Circle Inspector, Inspector of Police, Muthayalpet Police Station, to call the parties and conduct an enquiry based on the representation given by the petitioner. If the concerned police finds that the petitioner has a valid licence to conduct the business, the parties may be instructed not to interfere with the business of the petitioner. If In spite of the same, there is any interference to the business of the petitioner, the concerned police shall take action in accordance with law.

6. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rna To 1.The Senior Superintendent of Police, Puducherry, Puducherry.

2.The Superintendent of Police, Puducherry (east), Puducherry.

3.The Inspector of Police, Chinnakalapet Police Station, Puducherry.

4.The Public Prosecutor(Pudhucherry) High Court, Madras.

+1cc to Mr.R.Rajarajan, Advocate, S.R.No.83479 Crl.O.P.No.28360 of 2018 KJ(CO) rrs 07/12/2018