Madras High CourtWP(MD)/9521/2021dismissed as infructuous

M/S. Ds Toll Road Ltd v. The Regional Labour Commissioner

2023-07-21Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2023

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL and W.M.P.(MD)No.7254 of 2021 M/s.DS Toll Road Limited Kozhigipatti Toll Plaza, Kozhigipatti Village, Oruthattu Post, Kodai Road, Dindigul 624 206 ...

Petitioner Vs.

1.The Regional Labour Commissioner (Central), Govt.of India, Ministry of Labour & Employment, 13A, Lady Doak College Road, Chinna Chokkikulam, Madurai 625 002.

2.Tamil Nadu Tollgate Employees Federation An Unit of Tamil Nadu General Workers Union, 2/1, Kovoor Vaithiyanathan Street, Chintadripet, Chennai 600 002.

3.The Toll Manager, Racy Projects, Kozhigipatti Toll Plaza, Kozhigipatti village, Oruthattu Post, Kodai Road, Dindigul 624 206. 4.The Project Manager, National Highway Authority of India (NH44), Plot No.3, Suriya Towers, II Flr, 1/5

I Street, K.K.Nagar, Madurai 625 020.

5.The Superintendent of Police, Water Tower, Round Road, Elil Nagar, Dindigul 624 003.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fifth respondent to provide adequate police protection for the safety, security and protection to the lives and property of the petitioner, general public, management officials, staffs and other workers from the illegal acts including strike by the delinquent members of the second respondent, their office bearers, agents and henchmen.

For Petitioner : No Appearance For R5 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R4 : Mr.S.Sankarapandian For R1 to R3 : No Appearance

ORDER

This Writ Petition has been filed to direct the fifth respondent to provide adequate police protection for the safety, security and protection 2/5

to the lives and property of the petitioner, general public, management officials, staffs and other workers from the illegal acts including strike by the delinquent members of the second respondent, their office bearers, agents and henchmen.

2.Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioner. However, the learned Additional Public Prosecutor appearing for the fifth respondent would contend that the petitioner filed this petition to provide police protection by directing the fifth respondent for the safety, security and protection to the lives and property of the petitioner, general public, management officials, staffs and other workers from the illegal acts including strike by the delinquent members of the second respondent. The said strike was scheduled from 05.05.2021 to 20.05.2021 and the said date was already lapsed. The learned counsel appearing for the fourth respondent also admitted the same.

3.This Court perused the prayer of this writ petition and there is no specific date mentioned as to on which date the second respondent and 3/5

others are going to conduct strike. However, as rightly contended by the learned Additional Public Prosecutor, the time was already lapsed and hence, there is no need to pass any further order in this writ petition. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 21.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To 1.The Superintendent of Police, Water Tower, Round Road, Elil Nagar, Dindigul 624 003.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P. DHANABAL ,J.

gns 21.07.2023 5/5