Carborundum Universal Limited v. Inspector of Police
2014-06-18
B.RAJENDRAN
body2014
DigiLaw.ai
Judgment 1. The petitioner has filed this Writ Petition seeking to direct the respondents to provide adequate police protection for the safety, security and protection to the lives and property of the petitioner's factory, Management officials, staffs and other workers from the illegal acts of the delinquent workers, their henchmen and supporters. 2. The petitioner seeks police protection in the light of the interim order of injunction granted in I.A.No.110 of 2014 in O.S.No.46 of 2014 on 12.06.2014. According to the petitioner, inspite of the interim order of injunction granted in favour of the petitioner, the NDLF Members and delinquent employees are giving lot of troubles. Therefore, the petitioner gave complaints on various occasions to the respondents citing the serious threat posed by the NDLF members and delinquent employees. But, so far, inspite of the complaint being received by the respondents, no action has been taken. Hence, this Writ Petition has been filed by the petitioner seeking police protection so that the petitioner Company could run in a smooth manner. The learned counsel also produced before this Court the certified copy of the judgment dated 12.06.2014 made in I.A.No.110 of 2014 in O.S.No.46 of 2014 pending on the file of the District Munsif Court (vacation court), Hosur, whereby, an order of interim junction was granted. The learned counsel also relied on the decision of this Court reported in (2008) 4 MLJ 50 , AVTEC Limited Power Products Division vs. The Superintendent of Police; and also the unreported decisions of this Court in W.P.No.15 of 2014, dated 03.01.2014 and W.P.No.13892 of 2014, dated 30.05.2014, wherein, this Court has directed the respondents therein to consider the representation of the petitioner therein and provide appropriate police protection to the lives of the staff of the petitioner Company, if law and order situation warrants. 3. The learned Additional Government Pleader appearing for the respondents would submit that the respondents will consider the issue regarding granting necessary police protection to the petitioner Company, in accordance with law, after ascertaining in respect of the interim order of injunction granted. 4. Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal at the stage of admission. 5.
4. Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal at the stage of admission. 5. I have gone through the decisions reported in (2008) 4 MLJ 50 , AVTEC Limited Power Products Division vs. The Superintendent of Police and also the unreported decisions of this Court in W.P.No.15 of 2014, dated 03.01.2014 and W.P.No.13892 of 2014, dated 30.05.2014. In the decision reported in (2008) 4 MLJ 50 , AVTEC Limited Power Products Division vs. The Superintendent of Police, in an indentical circumstances where an order of interim injunction was granted in favour of the petitioner therein, this Court has held in paragraph 21 as follows:- “21. In view of the above said facts and legal position, I am of the considered view that the writ petitioner must be granted police protection in the light of the order of injunction granted on 09.06.2007 in I.A.No.100 of 2007 in O.S.No.54 of 2007, which was made absolute on 21.11.2007, to perform its legal obligations, but at the same time, with liberty to the 4th respondent Union to approach the appropriate forum for redressal of its grievance regarding the alleged employment of trainees/apprentices on regular basis by the writ petitioner.” 6. In the unreported decisions of this Court in W.P.No.15 of 2014, dated 03.01.2014 and W.P.No.13892 of 2014, dated 30.05.2014, wherein, this Court has directed the respondents therein to consider the representation of the petitioner therein and provide appropriate police protection to the lives of the staff of the petitioner Company, if law and order situation warrants. 7. From the decisions cited supra, it is clear that when an interim order of injunction has been granted, the petitioner can very well approach the authority to give necessary police protection for implementation of the order. In the case on hand, as an order of interim injunction has been granted in I.A.No.110 of 2014 in O.S.No.46 of 2014 on 12.06.2014, the petitioner has made a representation on 19.05.2014, seeking to provide police protection. Now, the grievance of the petitioner is that inspite of the same, the petitioner has not been given police protection. 8.
In the case on hand, as an order of interim injunction has been granted in I.A.No.110 of 2014 in O.S.No.46 of 2014 on 12.06.2014, the petitioner has made a representation on 19.05.2014, seeking to provide police protection. Now, the grievance of the petitioner is that inspite of the same, the petitioner has not been given police protection. 8. Having regard to above, this Court only directs that the respondents shall consider the representation of the petitioner dated 19.05.2014 in the light of the judgments cited supra, as in the case on hand the petitioner has obtained an order of injunction in I.A.No.110 of 2014 in O.S.No.46 of 2014 on 12.06.2014 and pass appropriate orders including to give police protection to the petitioner. The Writ Petition is disposed of accordingly. There shall be no order as to costs.