1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.09.2018 CORAM: THE HON'BLE Dr. JUSTICE S.VIMALA Writ Petition No.22699 of 2004 & WPMP No.27440 of 2004 The Ooty Mills Private Limited, 500 Chinnamaddampalayam, Billichi Post, Press Colony, Coimbatore 641 019 Rep. by its Director, Pravin K.Richura ... Petitioner ..vs.. 1. The Deputy Inspector General of Police, Coimbatore 2. The Deputy Superintendent of Police, Periyanaickenpalayam, Coimbatore 3. The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore 4. The Indian National Trade Union Congress, C/o. The Ooty Mills (P) Ltd., 500 Chinnamaddampalayam, Billichi Post, Press Colony, Coimbatore 641 019 5. The Kamaraj National Labour Organisation, C/o. The Ooty Mills (P) Ltd., 500 Chinnamaddampalayam, Billichi Post, Press Colony, Coimbatore 641 019 6. All India Trade Union Congress, C/o. The Ooty Mills (P) Ltd., 500 Chinnamaddampalayam, Billichi Post, Press Colony, Coimbatore 641 019 7. Thoppaiah 8. Perumal 9. Senthil Kumar 10. Gunasekaran 11. Parameswaran 12. Vellingiri https://hcservices.ecourts.gov.in/hcservices/ 2 13. Ponnusamy 14. Chinnasamy ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 3 herein to provide police protection to the petitioner mill M/s. Ooty Mills (P) Ltd., 500 Chinnamaddampalaym, Press Colony, Billichi Post, Coimbatore - 19, and to run the mill with the workers willing to work, ingress and egress of the materials and to remove and transport cotton, the finished and semi finished yarn from the mill. For Petitioner : Mr. Palani Selvaraj For Respondents : Mr. R.Srinivasan, AGP., for R-1 to R-3, No Appearance, for R-4 to R-14. O R D E R This writ petition has been filed by the petitioner / company, on 05.08.2004, seeking a direction to respondents 1 to 3 to provide police protection to the petitioner-mill and also to run the mill with the worker willing to work, ingress and egress of the materials and to remove and transport cotton, the finished and semi-finished yarn from the mill and to pass further orders. 2. Respondents 4 to 6 are the trade union and respondents 7 to 14 are the striking employees stated to be workmen of the petitioner Mill. 3. As per the averments made in the affidavit filed in support of this writ petition, the petitioner-mill has been working smoothly till 26.05.2004 without any hurdle or hindrance from respondents 4 to 14. The mill was performing well and they have declared bonus of more than what is statutorily prescribed under the Act. It is alleged that the cordial relationship between the management and workers were maintained till May 2004. While so, during May 2004, a section of workers belonging to respondents 4 to 6 / Unions started acting against the interests of the management and involved in illegal strike, thereby abstaining from working in the factory. It is alleged that they had been instigating other workers to indulge in unlawful and illegal activities and all of a sudden, on 10.10.2004, without issuing any notice regarding the strike, they indulged in illegal strike. 3.1. The activities constrained the petitioner to lodge a https://hcservices.ecourts.gov.in/hcservices/ 3 police complaint before the third respondent on 05.06.2004 seeking police protection. There is also an undertaking to enter into Conciliation Proceedings and the management would be ever willing to negotiate the issues. Stating all these facts, the petitioner has sought for a direction to the respondents 1 to 3 to effectively prevent respondents 4 to 14 from indulging in illegal strike and thus restrain them from causing disturbance to the industrial peace. 4. On 09.08.2004, the writ petition was admitted and an interim order was passed. Thereafter, respondents 4 to 14 have not entered appearance and the case was also not listed once. 5. This Court is of the opinion that the cause of action that had been allegedly prevailing in the year 2004 will not be prevailing in the year 2018. Therefore, the prayer sought for by the petitioner in this writ petition has lost all its relevance. Therefore, there is no surviving cause of action / continuing cause of action. 6. Under such circumstances, the writ petition is dismissed. No costs. Consequently, the connected WPMP is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srk To 1. The Deputy Inspector General of Police, Coimbatore. 2. The Deputy Superintendent of Police, Periyanaickenpalayam, Coimbatore 3. The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore +1 cc to The Government Pleader, SR.No.67421, 66679 Writ Petition No.22699 of 2004 & WPMP No.27440 of 2004 VG-II(CO) CSL/24.10.2018 https://hcservices.ecourts.gov.in/hcservices/