Freeze Fast Technologies v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Freeze Fast Technologies Rep. by its Manager Mr.Cyriac Jose No.33/276B, Kanneth Lane AKG Vayanashala, Cross Road, Chakkarparambu Ernakulam- 682032 .. Petitioner Vs
1. The Superintendent of Police Office of the Superintendent Office Tiruchirapalli District
2. The Inspector of Police Puthanatham Police Station Manaparai Police Station Tiruchirapalli District
3. The Tahsildhar Manaparai Taluk Tiruchirapalli District
4. The Block Development Officer Manaparai Block Manaparai, Tiruchirapalli District .. Respondents 1/6
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider petitioner's representation dated 11.12.2024 and direct the respondents 1 and 2 to provide adequate police protection to the petitioner company in order to complete the cold storage construction which has been duly approved by the authorities.
For Petitioner : Mr.R.Vidya For Respondents : Mr.A.Thiruvadikumar No.1 and 2 Additional Public Prosecutor No.3 : Mr.M.Muthumanikkam Government Advocate(civil side) No.4 : Mr.G.Ragaendran
ORDER
This Writ Petition has been filed to direct the respondents to consider petitioner's representation dated 11.12.2024 and direct the respondents 1 and 2 to provide adequate police protection to the petitioner company in order to complete the cold storage construction which has been duly approved by the authorities. 2/6
2. The petitioner is running a business in the name of Freeze Fast Technologies and for his business purpose he had constructed a cold storage room. The petitioner had obtained statutory permission from the authorities and had put up cold storage room in their own premises at Pannapatti village panchayat and permission has also been obtained. The petitioner already put up a building for nearly about 1998.76sq.ft for functioning of the cold storage room but the misguided villagers with an ulterior motive are creating obstructions. The petitioner has sent a representation to the Inspector of Police and revenue officials, no action has been taken. The petitioner is unable to complete the construction. In the meanwhile,erstwhile place where the cold storage is functioning is a rented building and they are forced to vacate the rented premises and hence they have fear of their business being affected. He further submitted that the right of business is a fundamental right which cannot be denied.
3. The learned Government Advocate(Civil side) appearing for the third respondent produced the approval of Director of Town and Country Planning for construction of building and as far as the revenue authorities 3/6
are concerned they have no objection for constructing the cold storage because it would only give employment for the local village people and it will no way cause any environmental hazard or extract huge amount of water, thereby there will not any water shortage to the village people.
4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the entire villagers are obstructing for construction of cold storage room and hence the police are unable to give protection. He admitted that right of business is a constitutional right which cannot be denied. There is no environmental hazard to the villagers. If there is any obstruction to the petitioner by the villagers the same would be informed to the authorities and appropriate protection would be given
5. In view of the same the Deputy Superintendent of Police, Manaparai is directed to ensure that proper protection is given to the petitioner to complete the work and also dispel the misinformation given to the villagers.
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6. With the above direction the Writ Petition stands disposed of. No costs.
21.01.2025 Index: Yes/No Internet : Yes/No aav To
1. The Superintendent of Police Office of the Superintendent Office Tiruchirapalli District
2. The Inspector of Police Puthanatham Police Station Manaparai Police Station Tiruchirapalli District
3. The Tahsildhar Manaparai Taluk Tiruchirapalli District
4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
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M.NIRMAL KUMAR, J.
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