O. v. Nambiar, Managing Director, Chemical Construction Company Pvt. Ltd. VS Director General of Police
2014-05-08
C.S.KARNAN
body2014
DigiLaw.ai
Judgment : 1. The short facts of the case are as follows:- The petitioner has filed the above Criminal Original Petition for a direction to the first and fifth respondents herein, viz., The Director General of Police, Mylapore, Chennai and the Inspector of Police, who is attached to the H-8, Thiruvottiyur Police Station, Chennai, to give an adequate police protection to the petitioner's factory, viz., Chemical Construction Company Pvt. Ltd., situated at No.956/957, Thiruvotriyur High Road, Chennai - 19, and his workers therein. 2. The very competent counsel, Mr.N.Chandrasekaran for the petitioner submits that the previous owner one Rathaunnisa Bi had executed a registered lease agreement with the petitioner herein on 28.04.1962 for the period of 50 years and handed over the physical possession of an extent of 6.59 acres of vacant land. The petitioner's father, viz., T.V.P.Nambiar had put up a construction for the purpose of setting up a factory, at his cost. Accordingly, buildings have been constructed and factory has started functioning in the said premises. The said original lease agreement had expired on 30.04.2012. Subsequently, the said lease agreement had been renewed for another period of 49 years. Further, the petitioner herein and his mother and sister are running the factory without any interference since the petitioner's father had expired on 19.11.1979. The original owner, viz., Rathaunnisa Bi had expired in the year 1979. Therefore, the co-owner, one Gundu Abdul Shukoor had executed a sale deed to and in favour of Basir Ali, Rathinaraj, Kalidoss, Nagarajan, Balamurugan and Suresh Solomon. 3. The very competent counsel further submits that the new purchasers of the said land were trying to dispossess the petitioner's lawful possession, without following due process of law to evict him and his workers from the said premises. One of the land owners, viz., Basir Ali had levelled a complaint to the Commissioner of Police and in turn, the complaint had been forwarded to the fifth respondent herein, viz., the Inspector of Police, H-8, Thiruvottiyur Police Station, for enquiry. On the strength of the said complaint, the fifth respondent directed the petitioner to appear before him. Accordingly, the petitioner had appeared on 02.04.2013 and at that time, the fifth respondent colluded with the land owners and asked the petitioner to vacate the property and hand over the same to the present land owners.
On the strength of the said complaint, the fifth respondent directed the petitioner to appear before him. Accordingly, the petitioner had appeared on 02.04.2013 and at that time, the fifth respondent colluded with the land owners and asked the petitioner to vacate the property and hand over the same to the present land owners. Under the circumstances, the petitioner was constrained to file a Writ Petition in W.P.No.11010 of 2013, before this Court for relief. This Court was pleased to grant an interim order of injunction restraining the respondents / land owners from disturbing the petitioner's peaceful possession. Aggrieved by the said interim injunction order, the land owners had filed a Writ Appeal in W.A.No.1098 of 2013. The Hon'ble Division Bench of this Court had passed a common order in W.A.No.1098 of 2013 and W.P.No.11010 of 2013. In the said common order, the Hon'ble Division Bench had observed that the possession of the land was with the petitioner and as such, the present land owners shall not disturb the factory workers, who are working in the factory premises. Further, an option was given to the petitioner that if the land owners disturb the possession of the petitioner, it was open to him to approach the appropriate forum for suitable relief. 4. The learned counsel further submits that on 06.04.2014, at about 6 a.m., the said land owners, viz., Basir Ali, Rathinaraj, Kalidoss, Nagarajan, Balamurugan and Suresh Solomon and a group of anti-social elements had entered into the factory premises, in an unnumbered JCB vehicle and unnumbered bulldozer vehicle, with deadly weapons and demolished the compound wall of the petitioner's factory in the southern side and made a wrong entry into the factory and demolished a portion of the factory building. Immediately, the petitioner rushed to the fifth respondent police and lodged a complaint against the land owners and his men. The said complaint had been registered in Crime No.578 of 2014 for the alleged offence under Sections 147, 148, 448, 427, 506 (ii) IPC. After registering the said complaint, the fifth respondent did not take any effective steps to secure the accused to initiate action against them. This kind of unlawful activities has been carried out by the accused while this Hon'ble Court's interim injunction order is in force.
After registering the said complaint, the fifth respondent did not take any effective steps to secure the accused to initiate action against them. This kind of unlawful activities has been carried out by the accused while this Hon'ble Court's interim injunction order is in force. Therefore, the fifth respondent had not provided adequate police protection to the petitioner's life and property, even after knowing about the alleged activities of the land owners. Hence, the very competent counsel entreats the Court to provide an adequate police protection to the petitioner's premises. 5. The very competent Additional Public Prosecutor for the State, Mr.M.Maharaja submits that the petitioner herein had levelled a criminal complaint against the present land owners and his men and the same has been registered in Crime No.578 of 2014, for the alleged offence under Sections 147, 148, 448, 427, 506 (ii) IPC. Further, the said case is under investigation. The fifth respondent / Inspector of Police is a dutiful police officer and doing his duty in a fair manner. Further, there is no lack of service or negligence on the part of the fifth respondent. He further submits that the allegations, if any levelled against the fifth respondent, is vague. 6. The learned counsel for the intervene or submits that the land owners are entitled to enjoy their property on the strength of registered sale deed which had been executed by the erstwhile owner of the property. After executing the sale deed, the petitioner herein has no locus-standi to continue as a lessee since the erstwhile lessor had expired in the year 1979. However, the land owners are law abiding citizens and they are taking legal action against the petitioner. Hence, they have filed a writ appeal before this Hon'ble Court. The Hon'ble Division Bench of this Court had observed that since there are several persons claiming ownership of the land in question, no order can be passed regarding police protection as it will lead to conflicting issues. Further, the civil suit is also pending on the file of the District Munsif Court, Thiruvotriyur. 7.
The Hon'ble Division Bench of this Court had observed that since there are several persons claiming ownership of the land in question, no order can be passed regarding police protection as it will lead to conflicting issues. Further, the civil suit is also pending on the file of the District Munsif Court, Thiruvotriyur. 7. On considering the factual position of the case and arguments advanced by all the sides and on perusing the typed set of papers filed by the petitioner, this Court is inclined to order police protection to the petitioner for a limited period of 15 days from the date of receipt of a copy of this order, in order to maintain peace in the disturbed area. Further, as per F.I.R., it is seen that the present land owners and his men had entered into the said property and also threatened the watchman of the factory. The F.I.R. further reveals that the land owners had engaged JCB vehicle and demolished the compound wall. Therefore, an adequate police protection has to be given for a limited period. If police protection is ordered, no one will be prejudiced. Hence, this Court directs the fifth respondent herein / Inspector of Police, Law and Order, who is attached to H-8, Police Station, Thiruvottiyur, to deploy sufficient police personnel at premises No.956/957, Thiruvotriyur High Road, Chennai -19, for a period of 15 days to ensure safety of the chemical construction company, wherein workers are working, after remitting necessary charges to the State Exchequer through Sub Treasury, as per G.O. The Inspector of Police, after receiving necessary requisition, along with treasury payment challan is directed to provide police protection for the said period. Accordingly, ordered.