Shafi Traders v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU M/s.Shafi Traders Represented by its Managing Partner S.Mohamed Fayaz ... Petitioner Vs 1.The District Collector 2.The Superintendent of Police Virudhunagar 626 002 3.The Inspector of Police Aamathur Police Station 4.The District Labour Officer District Labour Office Collectorate Campus Virudhunagar 626 002 ..... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, directing the respondents 1 to 3 to provide police protection for life and property for loading and unloading works in the M/s.Shafi Traders, situated at Door No.262/A, Bye pass Road, Virudhunagar, without any obstruction or hindrance from local Coolies and their henchmen or anybody.

For Petitioner : Mr.R.M.Suresh For Respondents : Mr.R.Srinivasan Government Advocate

O R D E R

This Writ Petition has been filed directing the respondents 1 to 3 to provide police protection for life and property for loading and unloading works in the M/s.Shafi Traders, situated at Door No.262/A, Bye pass Road, Virudhunagar, without any obstruction or hindrance from local Coolies and their henchmen or anybody.

2. The learned counsel for the petitioner would submit that the petitioner along with his brother was running the business in 1/3

the name and style of M/s.Shafi Traders. In this circumstances, the unlawful demand of the local loading and unloading coolies, the successful functioning of the petitioner's wholesale business is likely to be adversely affected thereby causing loss of livelihood for the employees. Therefore, the wholesale business that has been going on well for the past 20 years is coming to ruin because of unlawful activities of the local coolies. Hence, the petitioner made a representation, dated 16.10.2020 to the respondents seeking for police protection. So far, no action has been taken by the respondents. Hence, the present petition. 3.The learned Government Advocate appearing for the respondents would submit that the representation of the petitioner dated 16.10.2020 will be considered within a period of four weeks. 4.

Considering the submission made on either side, the respondents are directed to consider the representation of the petitioner, dated 16.10.2020, within a period of four weeks from the date of receipt of a copy of this order and give police protection to the petitioner, if necessary. If it is found that police protection is not necessary, the same shall be communicated to the petitioner so that he can work out his rights in the manner known to law.

5.With the above direction, this Writ Petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) msa NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- 1.The District Collector 2/3

2.The Superintendent of Police Virudhunagar 626 002 3.The Inspector of Police Aamathur Police Station 4.The District Labour Officer District Labour Office Collectorate Campus Virudhunagar 626 002 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.M.SURESH, Advocate ( SR-21706[F] dated 10/11/2020 ) 09.11.2020 PE(CO) KM (30.11.2020) 3P 7C 3/3