M/S.Green Infra Renewable Energy Ltd., v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.17294 of 2019 and W.M.P.(MD)Nos.13806 and 13807 of 2019 M/s.Green Infra Renewable Energy Ltd, Rep. by its Deputy General Manager, Mr.D.Arnold Martin, No.892-K2, Chopra Cottage, 60 Feet Road, Rahmat Nagar, Tirunelveli, Tirunelveli District.
... Petitioner Vs.
1.The Superintendent of Police, Tuticorin, Tuticorin District.
2.The Deputy Superintendent of Police, Crime Branch, Tuticorin, Tuticorin District.
3.The Inspector of Police, Thattaparai, Tuticorin Taluk, Tuticorin District.
4.Dinesh 5.R.Rajasekaran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to take appropriate action on petitioner's complaint dated 26.07.2019 and consequently to direct the respondents 1 to 3 to provide adequate police protection to activate and generate the Wind Energy System situated in Survey Nos.1098/1, 1098/2 and in Survey Nos.713/3A, 713/3B at Umarikottai Village, Tuticorin Taluk, Tuticorin within the period that may be stipulated by this Court.
For Petitioner : Mr.Ajmal Khan Senior Counsel for Mr.C.Venkatesh Kumar For R1 to R3 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)
O R D E R
This writ petition has been filed seeking direction to the official respondents to take action against the petitioner's complaint dated 26.07.2019 and also to provide police protection to 1/3
generate the Wind Energy System.
2. Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. Side) takes notice for the official respondents. Considering the nature of the order going to be passed in this petition, notice to the fourth and fifth respondents is dispensed with. By consent of both parties, this Writ Petition is disposed of at the admission stage itself.
3. The grievance of the petitioner is that the petitioner is engaged in producing wind energy and the petitioner is having a wind mill at Tuticorin. Now the fourth and fifth respondents are unnecessarily interfering with the petitioner's business and also switched of the wind mill. In the above circumstances, the petitioner has given a representation / complaint to the respondents 1 to 3. So far no action has been taken in the above said representation. Hence, the petitioner has filed the present petition.
4. Though the petitioner has sought for for larger relief in this writ petition, the learned counsel for the petitioner submitted that the petitioner would be satisfied, if a direction is given to the second respondent to consider the representation of the petitioner.
5. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that the representation / complaint of the petitioner, dated 26.07.2019 would be considered by the respondents and orders to that effect would be passed within the time frame to be stipulated by this Court.
6. Considering the submission made by the learned counsel appearing on both sides and also considering the limited prayer sought for by the petitioner, without going into the merits of the case, the first respondent is directed to consider the representation / complaint of the petitioner dated 26.07.2019 and pass suitable orders on merits and in accordance with law within a period of one week from the date of receipt of a copy of this order.
7. With this direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) 2/3
ta To 1.The Superintendent of Police, Tuticorin, Tuticorin District.
2.The Deputy Superintendent of Police, Crime Branch, Tuticorin, Tuticorin District. 3.The Inspector of Police, Thattaparai, Tuticorin Taluk, Tuticorin District.
+1CC TO MR.AJMAL ASSO., Advocate Sr. No. 80352 W.P.(MD)No.17294 of 2019 KM(CO) TR (08.08.2019) 3P 5C 3/3