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2024 DIGILAW 48 (MAD)

ATC Chemicals India Private Ltd, Puducherry v. Senior Superintendent of Police(Law and Order), Puducherry

2024-01-04

N.ANAND VENKATESH

body2024
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take immediate action on the two complaints dt.25.10.2023 and 07.12.2023 given by the petitioner and to give adequate Police Protection to its Factory premises at No.14/4-15/10-B Kaviarasan Road, Sedarapet,Puducherry-605 111 and prevent any one from entering within the 500 Meters radius to it, indulging in any violent activities, carrying out any protests demonstrations, meetings and disrupting its chemical manufacturing activities, block its vehicular movements etc. in any manner therein.) 1. This writ petition has been filed for the issue of a writ of mandamus directing the respondent Police to act upon the complaints given by the petitioner on 25.10.2023 and 07.12.2023 and to grant sufficient police protection to the factory premises in order to ensure free ingress and egress men and materials to and from the factory and for a further direction not to permit any protest/demonstration/meeting within the radius of 500 meters from the factory premises. 2.The learned Senior Counsel appearing on behalf of the petitioner submitted that the petitioner is handling sensitive and hazardous chemical products. The petitioner has provided employment to nearly 100 persons. There was some disciplinary proceedings initiated against certain persons, who were disrupting the normal activity of the factory and they had also indulged in assault. 3. Immediately after the action was taken, some vested interest started creating problems by conducting dharna/protest etc. Considering the fact that the petitioner was dealing with hazardous chemical products, the petitioner feared that such illegal dharna and indulging in violence will cause danger to the factory. Therefore, representations/complaints were given to respondents 1 to 4 to provide police protection and to prevent anyone from conducting any illegal demonstration near the factory premises. Since the same was not acted upon, the present writ petition was filed before this Court. 4. The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 4 submitted that immediately after the receipt of the complaints from the petitioner, police picketing was arranged to ensure that persons protesting do not indulge in violence and create any law and order problem. That apart, a peace committee meeting was also held by the police. In that meeting, the protesters gave an undertaking that they are withdrawing the protest from 22.12.2023. That apart, a peace committee meeting was also held by the police. In that meeting, the protesters gave an undertaking that they are withdrawing the protest from 22.12.2023. The learned Additional Public Prosecutor therefore submitted that the police had acted upon complaint and brought the situation under control. 5. In reply to the above submission, the learned Senior Counsel appearing for the petitioner submitted that there is a very strong apprehension that the protesters will once again enter the factory premises and cause disruption to the normal activities of the factory. The learned Senior Counsel therefore sought for a direction from this Court to give police protection and to prevent any demonstration /meeting within a radius of 500 meters from the factory premises. 6. This Court has carefully considered the submissions made on either side and the materials available on record. 7. The petitioner is involved in the manufacture of hazardous chemical products. If any person is aggrieved by any action taken by the petitioner, they have to workout their remedy in the manner known to law. Even if a strike/dharna is conducted by the protesters, it cannot go to the extent of blocking the factory and causing hindrance for the free movement of men and materials. This Court takes into account the submission of the learned Additional Public Prosecutor to the effect that on an earlier occasion, the police protection was given to the petitioner. 8. In the facts and circumstances of this case, this Court deems it fit to direct the 4th respondent to grant police protection to the petitioner as and when any attempt is made to conduct any protest or meeting/demonstration near the factory premises. Even if the protesters want to make any such demonstration, it shall not be permitted within the radius of 500 meters from the factory. The 4th respondent shall ensure that there is free ingress and egress of men and materials to and from the factory. If any one indulges in creating law and order problem, immediate action shall be taken. This order will not stand in the way of the aggrieved persons agitating their grievance before the competent forum in accordance with law. 9. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.