S.Ramachandaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.MP(MD)No.8005 of 2022 1.S.Ramachandran 2.K.Rethinam ... Petitioners Vs.

1.The Superintendent of Police, K.Pudhur, Madurai-625 007.

2.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai.

4.P.Muthuraja, General Secretary, Madurai Rural District Textile Workers Union (C.I.T.U), No.3, Thondanery Road, Samayanallur, Madurai- 625 402.

... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 to 3 to provide adequate police protection to the petitioner, his men, to clean, maintain and to develop the property and to remove old machineries from the 1/5

property measuring in all approximately 50 acres comprised in S.Nos.98/13, 96/1B, 97/8, 96/12, 92/4, 100/2B, 128/2, 99/3A, 95/11, 103/1, 100/7131/1, 99/1A, 127/2, 131/2, 99/4A, 127/4, 98/10, 95/8, 95/12, 95/9, 95/10, 98/11, 96/13, 97/9A, 127/1, 96/1A, 95/7, 97/9B, 96/1A, 95/5, 95/6, 128/1, 100/2A, 91/4, 95/4A, 89/7, 95/2B, 2A, 95/3A, 96/2, 96/8A, 96/8C1, 101/2, 100/6, 91/1, 125, 96/3, 96/4, 96/5, 96/6, 98/1, 98/2, 98/3, 98/4, 98/5, 98/6, 98/7, 98/8, 98/9, 98/12, 98/14, 98/15, 97/1A, 97/2A, 97/3A, 97/4, 97/5, 97/6A, 127/5, 127/6A, 127/7, 127/8A, 127/8B situated at Thenur Village, Bit I, Sholavandan Sub District, Samayanallur Police Station Limit, Madurai Taluk, Madurai District. For Petitioners : Mr.T.Palanisamy For R1 to R3 : Mr.S.Manikandan Government Advocate (Crl.Side) For R4 : Mr.C.Meenakshi Rama Prabu

ORDER

This petition has been filed to direct the respondents 1 to 3 to provide adequate police protection to the petitioner, his men, to clean & maintain and to develop the property and to remove old machineries from the property measuring in all approximately 50 acres comprised in S.Nos.98/13, 96/1B, 97/8, 96/12, 92/4, 100/2B, 128/2, 99/3A, 95/11, 103/1, 100/7131/1, 99/1A, 127/2, 131/2, 99/4A, 127/4, 98/10, 95/8, 95/12, 95/9, 95/10, 98/11, 96/13, 97/9A, 127/1, 96/1A, 95/7, 97/9B, 96/1A, 95/5, 95/6, 128/1, 100/2A, 91/4, 95/4A, 89/7, 95/2B, 2A, 95/3A, 96/2, 96/8A, 96/8C1, 101/2, 100/6, 91/1, 125, 96/3, 96/4, 2/5

96/5, 96/6, 98/1, 98/2, 98/3, 98/4, 98/5, 98/6, 98/7, 98/8, 98/9, 98/12, 98/14, 98/15, 97/1A, 97/2A, 97/3A, 97/4, 97/5, 97/6A, 127/5, 127/6A, 127/7, 127/8A, 127/8B situated at Thenur Village, Bit I, Sholavandan Sub District, Samayanallur Police Station Limit, Madurai Taluk, Madurai District. 2.The case of the prosecution is that the petitioners purchased the textile Mills from SARFAESI Proceedings and decided to remove the machineries. However, the same was objected by the workers. Hence, the petitioners sent a representation to the respondents on 19.09.2020. But, the same was not considered. Hence, the petitioner filed this petition with the above said prayer. 3.The learned counsel appearing for the petitioners would submit that this Court may issue a direction to consider the petitioner's representation dated 19.09.2020 and pass appropriate orders.

4.The learned counsel for the fourth respondent would submit that already the workers initiated the proceedings before the Companies Court for claiming benefits and the same is pending before the Principal Court in C.A.No. 22 of 2019 in CP.No.132 of 2008.

3/5

5.In view of the above, no relief cannot be granted to the petitioner since the issue is pending before the Companies Court.

6. Accordingly, this Criminal Original Petition is dismissed with liberty to the petitioners to approach the Companies Court for appropriate orders. Consequently, the connected miscellaneous petition is closed. 13.02.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No dss To 1.The Superintendent of Police, K.Pudhur, Madurai-625 007.

2.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai.

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

4/5

M.DHANDAPANI, J.

dss 13.02.2024 5/5